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…Owuor v Kenya Medical Research Institute, Malaria and Other Protozol Diseases Research Center Court of Appeal, at Kisumu June 27, 1988 Gachuhi, Apaloo & Masime JJA Civil Appeal No 25 of 1987 (Appeal from a judgment and decree…

…Judgment having been entered and before execution, a decree has to be issued. Execution is therefore based on the decree. It is the amount in the decree that should be considered as correct for the purpose of execution.…

…The appellant should attack the decree and not the figure he considers the judgment was entered for. I have been in pains to go through the original record to see ……. a mistake in entering judgment.…

…discretion remains unfettered; See order IX A rule 10 of the Civil Procedure Rules which provides that – “Where judgment has been entered under this Order the Court may set aside or vary such judgment and any consequential decree…

…Ultimately I would allow this appeal, set aside the lower court’s order and remit the case back to the same Court to be heard by another magistrate of competent jurisdiction with leave to appellant to file decree and defend…

…has power under section 79B of the Civil Procedure Act, to peruse the record of an appeal presented to it before the appeal is heard, and if the judge ‘considers that there is no sufficient ground for interfering with the decree…

…Section 79B of the Civil Procedure Act empowers the High Court summarily to dismiss an appeal where the judge considers that there is no sufficient ground for interfering with the decree appealed from.…

…I would set aside the decree of the High Court, and substitute therefore an order for payment of damages Kshs 1,500 the price of a new machine, Kshs 2,700 damages for 90 days at the rate of Kshs 30 per day, with costs thereon…

…I would set aside the decree of the High Court, and substitute therefore an order for payment of damages Kshs 1,500 the price of a new machine, Kshs 2,700 damages for 90 days at the rate of Kshs 30 per day, with costs thereon…

…the respondents, as a result of the sale by the Bank, became the owners of, and acquired a valid title to, the land at Kabras/Bukusu/852, the initial action for eviction was brought in respect of Kabras/Bukusu/952 and the decree…

…170 OF 1986 BETWEEN OKONG’O...........................................................................APPELLANT AND ATTORNEY-GENERAL & ANOTHER..............................RESPONDENT JUDGMENT (Appeal from the Judgment and Decree…

…the respondents, as a result of the sale by the Bank, became the owners of, and acquired a valid title to, the land at Kabras/Bukusu/852, the initial action for eviction was brought in respect of Kabras/Bukusu/952 and the decree…

…Also that it was an error of law for the judge to agree with the magistrate’s decision not to decree specific performance having found that there was part performance.…

…He annexed a copy of the Decree – the aforesaid suit. According to him, the Plaintiff’s application was aimed at defeating their claim which they had acquired by operation of law.…

…my part I consider that it is actionable to set in motion a process of attachment (even though it is seizure under the provisions of a loan agreement and not under an execution warrant issued as a result of an order or a decree…

…A decree was drawn and signed by the Deputy Registrar and Execution process set in motion. There were attachments made in the execution of the decree in part.…

…APPELLANT AND AINEA FITA ................................................................................... 1ST RESPONDENT AYUB WASIKE & ANOTHER & ANOTHER ........................... 2ND RESPONDENT (Appeal from a Judgment and Decree…

…A decree nisi willissue to become absolute six months’ hence. Each party to bear his/her own costs. Dated and Delivered at Eldoret this 25th Day of January, 1989 D.K.S. AGANYANYA ……………………. JUDGE…