Case law
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Division and case type: Constitutional and Human RightsPetition
…He has said on oath that no stay was ever granted in respect of the rest of the decree for payment of arrears of rent and mesne profits.…
…However, Mr Esmail has conceded that the debtor had filed an appeal but it is only against the order for possession and not against the money decree.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…Secondly, whether, in absence of the Judgment or a copy thereof, the applicant could have appreciated the reasoning and final decree to permit him or her to take the next cause of action.…
…That the Court considering the application does factor security for due performance of the decree.…
Division and case type: Constitutional and Human RightsPetition
…It is clear that the marriage between the parties was voidable because it exists until the court pronounces a decree of nullity at the instigation of the Petitioner.…
…Under Section 14 (1) (e) of the Matrimonial Causes Act, a decree of nullity of marriage can be made if it is proved that consent of the Petitioner was obtained by force or fraud.…
Division and case type: CriminalCriminal Case
…RESPONDENT (Being an appeal from the Judgment and Decree of Hon. J. Ong’ondo, RM in Principal Magistrates Court at Homa Bay in Civil Case No. 12 of 2011 dated 22nd September 2011) JUDGMENT 1.…
…The appellant (“the Bank”) has appealed against the following decree issued by the subordinate court; 1.…
Division and case type: Constitutional and Human RightsPetition
…I therefore dissolve the marriage the subject of this Petition and direct that Decree Nisi issues forthwith to be made absolute in 3 months. Cost not ordered. Dated this 11th Day of December, 2000. A.I. HAYANGA JUDGE…
Division and case type: CriminalCriminal Appeal
…Yet the respondent proceeded to execute the decree and physically attach the applicants’ movable goods without complying with the said rule.…
Division and case type: CriminalMiscellaneous Application
…It was held that such an extension was not a "decree" within the meaning of section 2 of the Civil Procedure Act.…
Division and case type: Constitutional and Human RightsPetition
…The defendant refused to approve the decree saying it was not a liquidated amount and the registrar had no power to enter judgment in default.…
Division and case type: Constitutional and Human RightsPetition
…I therefore make the following orders: - 1) The marriage solemnized herein between the parties at the Registrar’s office Nairobi on 8/3/1975 be and is hereby ordered to be dissolved. 2) The decree nisi shall issue forthwith…
Division and case type: Constitutional and Human RightsPetition
…the petition under s 108 91) of the English Act (s 103 (1) of Kenya Act – Williams on Bankruptcy 18 th Ed p 48 last paragraph But it is duly the most exceptional circumstances that the court would go behind a judgment (Decree…
Division and case type: Constitutional and Human RightsPetition
…(c) that no decree of divorce has been made. (d) that the objector is entitled to inherit the estate of the deceased with her children in equal shares with the petitioner herein.…