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…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.…

…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…

…It is common ground that subsequent to the execution of the deed each of the defendants refused to pay Kshs 250,000 as stipulated in the deed to the plaintiff, and the plaintiff has instituted this action for recovery of…

…His concurrence, therefore, either by execution of the document or by adoptive acts, is an implied condition of the validity of the arrangement, and if such concurrence is not obtained the arrangement is not binding even…

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

…The Defendant continued to pay the rent at all material times to the Plaintiff, and since the sub-lease contained an express provision that pending execution and registration of the sub-lease the Defendant should be bound…

…He also pointed out that the agreement in question could not have been registered as a sub-lease itself because it did not comply with the requirements as to execution under section 58(4) of the Registration of Titles Act…

…case of AMERICAN LIFE INSURANCE (CO) LIMITED VS DAVID OYATTA NAIROBI HCCC NO. 168 OF 2004 where Visram, J observed: “Order XLI Rule 4(2) sets out conditions which must be fulfilled to entitle one to an order for stay of execution…

…What are the conditions for stay of execution pending appeal? To answer this question, I can do no more than reproduce the contents of Order.…

…case of AMERICAN LIFE INSURANCE (CO) LIMITED VS DAVID OYATTA NAIROBI HCCC NO. 168 OF 2004 where Visram, J observed: “Order XLI Rule 4(2) sets out conditions which must be fulfilled to entitle one to an order for stay of execution…

…What are the conditions for stay of execution pending appeal? To answer this question, I can do no more than reproduce the contents of Order.…

…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…

…As a matter of legal right, the Plaintiff was entitled to be given a legal explanation of the contents of the charge prior to her execution in consonance with the law hence the mandatory legal requirement for certification…

…Accordingly, either her signature as appears on the charge document may have been procured by undue influence and misrepresentation or the charge document was maliciously changed after her execution. viii.The charge is accordingly…

…apparent on the face of the record as the orders of 12th May 2000 were granted on an application which by law is supposed to be exparte; that the order to request help from the OCPD was proper as his help was needed in an execution…

…It is clear that by the time the lease was registered after execution everything was lawfully complied with:- (1) Mainly on 20.11.2000 – Registration of transfer to the plaintiff; (2) On 18.4.2001 registration of lease for…

…The defendant stated:- “We have no objection subject to and on condition that the parties do execution a replacement lease to be registered simultaneously with the lease.”…

…In execution of the plan to overthrow the Government, the accused on August 1, 1982 unlawfully wore the badges of rank of a Kenya Air Force Captain. 4.…