Case law
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Division and case type: GeneralUnclassified
…APPELLANT AND MEA LIMITED ........................................RESPONDENT (An application for stay of execution of the order and decree pending the lodging and hearing of an intended appeal from the ruling and order of…
…NO. 474 OF 1997) *************** RULING OF THE COURT This is an application under rule 5 (2)(b) of the Court of Appeal Rules for a stay of execution of the ruling and order of Rimita J given on 17th March, 1999.…
Division and case type: GeneralUnclassified
…APPELLANT AND MEA LIMITED ........................................RESPONDENT (An application for stay of execution of the order and decree pending the lodging and hearing of an intended appeal from the ruling and order of…
…NO. 474 OF 1997) *************** RULING OF THE COURT This is an application under rule 5 (2)(b) of the Court of Appeal Rules for a stay of execution of the ruling and order of Rimita J given on 17th March, 1999.…
Division and case type: GeneralUnclassified
…NAI. 163 OF 1999 (UR. 62/99) BETWEEN MOSES KIPNGETICH KURGAT ..............................APPLICANT AND THE DISCIPLINARY COMMITTEE OF THE LAW SOCIETY ...................................RESPONDENT (Application for stay of execution…
Division and case type: Milimani Commercial CourtsCivil Case
…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…
Division and case type: GeneralUnclassified
…The applicant shall pay to the Respondent costs of this application assessed at K.Shs.5,000/= payable within 10 days failing which execution may issue. Dated and delivered at Nairobi this 7th day of November, 2000. A.A.…
Division and case type: GeneralUnclassified
…NYANJA.................................APPLICANTS AND CITY FINANCE BANK LIMITED...........................RESPONDENT (Being an application for stay of execution in an intended appeal from a Decision of the High Court of Kenya…
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.…
Division and case type: Milimani Commercial CourtsCivil Case
…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…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: Milimani Commercial CourtsCivil Case
…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…
Division and case type: Milimani Commercial CourtsCivil Case
…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…
Division and case type: Milimani Commercial CourtsCivil Case
…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.”…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…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.…