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…Schofield, J) dated 16th December, 1982) Civil Suit No 65 & 513 of 1978 (Consolidated) _______________ RULING OF THE COURT HANCOX, J A It has been held, repeatedly, by this court that failure to include the formally drawn up decree…

…Mr Kinyanjui submitted that, taking into account the definition of the word “decree” in section 2 of the Civil Procedure Act (cap 21), judgment includes a dismissal of a suit under rule 4 of order IXB, but it did not include…

…According to Miss Mwangi ,the definition of “decree” covers a dismissal for default.…

…Finally, by way of other relief, he gave the respondent company leave to execute the decree before taxation of the note of costs.…

…The order for accelerated execution of the decree was not asked for and the appellant had no opportunity to oppose it and, with respect, it should not have been made. It must be set aside.…

…Thus, even though she could bring an action before the grant of probate, as her title derived from the will, she could not obtain a decree until probate was granted. In that case no limited grant had been made.…

…the deceased therein, or in any other cause or suit which may be commenced in the same or in any other court between the parties, or any other parties, touching the matters at issue in the cause or suit, and until a final decree…

…This appeal from the judgment and decree of the High Court at Nairobi, (Hancox J as he then was) arises out of an accident on the Garissa/Thika road, which took place on or about August 6, 1972, when the appellant’s motor…