Judgment[1986] KEHC 57
Case law
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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.…
…and 11, order XXI rule 22, order XII rule 1 and order XXII rule 11(1) and (2) Civil Procedure Rules was filed on 27th, two days before the date fixed for the sale of goods attached in the suit to recover the amount of the decree…
Division and case type: CivilCivil Appeal
…The land had been sub-divided by then with the consent of the Land Control Board because the decree had been executed. Nduhiu complained he had lost all his land without being heard.…
…He asked for orders that Mr Justice J S Patel’s ruling and orders be set aside, the ex-parte judgment of June 11, 1979 and its decree be set aside, Nduhiu be given leave to file a reply to the counterclaim and the suit be…
Division and case type: CivilCase number Civil Application
…the Civil Procedure Rules, the plaintiff can either take execution (since the appeal intended does not operate as a stay) or if a stay is ordered, the defendant will have to give security for his due performance of the decree…
Division and case type: CivilCivil Appeal
…Also that it was an error of law for the judge to agree with the magistrate’s decision not to decree specific performance having found that there was part performance.…
Division and case type: CivilCivil Appeal
…I would therefore allow the appeal and set aside the order and decree of the High Court.…