Case law
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Division and case type: FamilySuccession Cause
…................................PLAINTIFF V E R S U S TWIGA CHEMICALS INDUSTRIES LTD...............DEFENDANT R U L I N G On 3rd October, 2008 the court (Waweru, J) conditionally allowed an application herein for stay of execution…
…In default the stay of execution granted on 3rd October, 2008 shall lapse, and the Decree-Holder shall be at liberty to execute the decree. Those shall be the orders of the court.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…That leave be granted for prayer (2) to operate as a stay of execution of the Judgment delivered on 29.5.2020 in Malindi, CMCC No. 408 of 2015.…
…Regarding stay of execution Order 42 Rule 6 of the Civil Procedure Rules governs the conditions to be met by a party to the proceedings seeking stay of execution of the Judgment.…
Division and case type: Constitutional and Human RightsPetition
…of the said decree and on 10th January, 1989 the Court granted a stay of execution in respect of the order for possession of the suit premises only and that to on the condition that the debtor would provide within 30 days…
…In his first affidavit Mr Kalinga had also stated that the execution of the decree had been stayed but he has not produced certified copy of the said order of stay.…
Division and case type: FamilySuccession Cause
…There is a presumption of due execution and capacity to make a will and the statutory burden as regards capacity is on the applicant - S. 5(4) of law of succession Act.…
…Starting with the law, it is clear that the applicant is challenging the validity of the will on two grounds - first, lack of due execution and lack of capacity to make the will.…
Division and case type: FamilySuccession Cause
…application and order that the Notice of Appeal filed herein on 13th July, 1994 and dated 11th July, 1994 be and is hereby struck out with costs for the applicant assessed at Shs.500/-, to be paid within 7 days and the defendant execution…
Division and case type: Constitutional and Human RightsPetition
…Some of his creditors obtained judgment against him and proceeded into execution. His assets were seized under a write of Fifa and were taken over by auctioneers for sale.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…several years but lady Mercy will smile in the pendency of execution to have him serve life imprisonment.…
…It appears the long wait on death row without execution order persuaded the executive to commute such sentences.…
Division and case type: FamilySuccession Cause
…ordered by the court on 11.12.2013, the respondent Kerio Valley Development Authority to deposit the sum of Kshs.875,996.00 in an interest earning account in the names of the parties’ Advocates by 11.01.2014 and in default, execution…
Division and case type: Constitutional and Human RightsPetition
…The applicant has appealed against that ruling and in the meantime has brought this application dated 3.11.2004 under Order 41 Rule 4 of the Civil Procedure Rules in which the applicant seeks an order of stay of execution…
Division and case type: Constitutional and Human RightsElection Petition
…consider the provisions of section 33 of cap 2 – Interpretation and General Provisions Act which provides: “33 An act shall be deemed to be done under an Act or by virtue of the powers conferred by an Act or in pursuance or execution…