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…An order staying the execution of the decree issued by the court on April 7, 1986. 2.…

…and 11, order XXI rule 22, order XII rule 1 and order XXII rule 11(1) and (2) Civil Procedure Rules was filed on 27th, two days before the date fixed for the sale of goods attached in the suit to recover the amount of the decree…

…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.…

…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.…

…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.…

…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…

…Yet the respondent proceeded to execute the decree and physically attach the applicants’ movable goods without complying with the said rule.…

…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.…

…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…

…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…

…(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.…