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 of decree…
…this one is, the applicant must demonstrate the discovery of a new and important matter or evidence which, after exercise of due diligence, was not within his knowledge, or could not be produced by him at the time when 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: 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: 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.…