Judgment[1988] KEHC 33
Case law
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Division and case type: Milimani Commercial CourtsCivil Case
…Mwihia on behalf of the applicant seeking for several orders namely:- “(a) That the decree be amended to conform with the Judgment of this court; (b) That the annexed decree be approved as the decree of this court; (c) That…
Division and case type: Milimani Commercial CourtsCivil Case
…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…
Division and case type: Environment and LandLand Case
…Section 38 of the Civil Procedure Act which speaks to the actions of alleged disobedience equally empowers court to enforce the execution of decrees and orders.…
…It is enacted as follows: “Subject to such conditions and limitations as may be prescribed, the Court may, on application of decree holder, order execution of the decree– (f) in such other manner as the nature of relief granted…
Division and case type: Environment and LandLand Case
…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: Environment and LandCase
…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: Environment and LandLand Case
…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: Environment and LandLand Case
…Kamaara argued that stay of execution of a money decree is not normally granted. He relied on the case of Kenya Shell Limited vs. Karuga & Another [1982-88] 1 KAR 1018 in support of his argument.…
…NAI 64 of 1992 (unreported) that if the circumstances of the case so demand a stay order can be granted even in respect of money decrees.…
Division and case type: Milimani Commercial CourtsCivil Case
…Yet the respondent proceeded to execute the decree and physically attach the applicants’ movable goods without complying with the said rule.…