Case law
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Division and case type: CivilCivil Case
…The plaintiff/advocate applied by an application 3rd November, 2007 for stay of execution and setting aside the Court’s orders. This was withdrawn and another filed on 2nd December, 2008 that was duly struck out. 4.…
…The said application was partially abandoned on the issue of stay of execution. II: Application 10th December, 2008 On the setting aside the courts dismissal orders . 5.…
Division and case type: CivilCivil Case
…Gatonye filed a formal application for stay of execution pending appeal and a temporary stay of execution pending appeal was granted pending the hearing of the application.…
Division and case type: CivilCivil Case
…Gatonye filed a formal application for stay of execution pending appeal and a temporary stay of execution pending appeal was granted pending the hearing of the application.…
Division and case type: CivilCivil Appeal
…RESPONDENTS R U L I N G The application dated 25th September, 2002 and filed in court on 26th September, 2002 relates to appeal numbers 116 of 1993 and 117 of 1993 in which Honourable Justice Shields, as he then was, ordered stay…
…of execution conditioned on the appellant depositing a sum of Kshs.10,000/= in each appeal.…
Division and case type: CivilCivil Suit
…Batholomew Muyale filed a Notice of Motion before this court for stay of execution against the order of the High Court (Aganyanya J) dated April 15, 1985 dismissing his application for stay of execution.…
…Since then, the applicant has made several applications to the High Court for stay of execution and for setting aside the said order without success.…
Division and case type: CivilCivil Appeal
…of execution of the Judgment and Order of the Court of Appeal sitting at Nyeri (Visram, Koome & Otieno Odek JJA), delivered on 30th September, 2014 in Nyeri Civil Appeal No. 24 of 2014) Whether orders of stay of execution…
…Civil Practice and Procedure – execution – stay of execution – factors to consider - whether orders of stay of execution could be issued where failure to do so would lead to probability of the substratum of the appeal being…
Division and case type: CivilCivil Case
…As to the prayer for stay of execution and release of attached property that is to feature alongside a similar prayer in the second application of 13th November, 1995.In this application Mrs. Nzei argued that Mr. F. M.…
…But a stay of execution was granted and it remains in force with the attached goods stored by the auctioneer. After recounting the law and the admission by Mr. Mulwa it needs no further propounding. Mr.…
Division and case type: CivilCase number Civil Application
…RESPONDENT (An Application for stay of execution in an intended appeal from the ruling of the High Court of Kenya at Nairobi (Justice Githinji) dated 19th June, 1997 in H.C.C.C.…
Division and case type: CivilCivil Suit
….……….APPLICANT VERSUS AHMED BAHANNAN………………….RESPONDENT RULING The Garnishee applies for stay of execution and setting aside the Garnishee order Nisi of October 15, 1990 served on October 17, 1990 and was for hearing on October…
…I must therefore stay execution of the order as prayed and also set it aside.…
Division and case type: CivilCivil Appeal
…As to the prayer for stay of execution and release of attached property that is to feature alongside a similar prayer in the second application of 13th November, 1995.In this application Mrs. Nzei argued that Mr. F. M.…
…But a stay of execution was granted and it remains in force with the attached goods stored by the auctioneer. After recounting the law and the admission by Mr. Mulwa it needs no further propounding. Mr.…
Division and case type: CivilCivil Appeal
…Advocate Mr Khaminwa for Mrs Otieno then lodged notice of appeal and in addition filed Civil Application No 18 of 1987 for stay of execution pending further order of the Court of Appeal.…
…Thereupon Mr Kwach retorted that “in order to win an Injunction and Stay of execution in the Court of Appeal on the 18.2.87 my learned Friend (Mr Khaminwa) informed the Court from the Bar, that he had a Report from the Pathologist…
Division and case type: CivilCivil Suit
…to the terms of the judgment, and one, Ngong/Ngong/4975, was awarded to the applicant but the respondent and his family are still living on it because by an order of this court in Nairobi Civil Application 42 of 1982 a stay…
…of execution was made with the consent of the respondent and George Roine Tito and Daniel Ndichu until the intended appeal had been heard and determined.…
Division and case type: CivilCase number Civil Application
…The plaintiff has not yet executed the judgment and there has been no stay of execution.…
Division and case type: CivilCivil Suit
…First, that there be a stay of execution of the decree of this court and second, that the ex-parte judgment entered herein be set aside.…
Division and case type: CivilCivil Suit
…of the attachment in March, 1992 and in the ordinary course of events and on balance of probabilities, it is this Court’s finding of fact that the objector must have been aware of the attachment and the application for stay…
…of execution made by her husband.…
Division and case type: CivilCivil Appli
…of execution be issuedpending the determination of an intendedappeal staying all proceedings set forthand ordered in the Ruling delivered byHayanga J on 16-9-98."…
…The said decision will be and ishereby cancelled, and the Commission isby Mandamus commanded as above" Where an application is made for stay of execution ofappealable decree or order the Court may order stay onsufficient…
Division and case type: CivilCivil Appeal
…We also discharge and revoke the stay of execution granted by this Court pending the hearing and determination of the appeal. Dated and delivered at Nairobi this 13th day of July , 1988 F.K.…
Division and case type: CivilCivil Appeal
…We also discharge and revoke the stay of execution granted by this Court pending the hearing and determination of the appeal. Dated and delivered at Nairobi this 13th day of July , 1988 F.K.…
Division and case type: CivilMiscellaneous Application
…That part of the application which is to set aside the stay of execution granted by Nyarangi, J, on July 23, 1980 is incompetent, but it matters not, because the stay was granted pending the disposal of the appeal which is…
Division and case type: CivilCivil Suit
…That part of the application which is to set aside the stay of execution granted by Nyarangi, J, on July 23, 1980 is incompetent, but it matters not, because the stay was granted pending the disposal of the appeal which is…