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…Mangi v Munyiri & another Court of Appeal, at Nairobi August 1, 1991 Masime, Cockar & Muli JJ A Civil Appeal No 143 of 1990 (Appeal from the Judgment and Decree of the High Court at Nairobi, Mr Justice Shields J, dated 9th…

…This is an appeal from the judgment and decree of the High Court of Kenya (Shields, J) dated the 9th November, 1989, in Nairobi Civil Case No 1414 of 1989.…

…REPUBLIC OF KENYA Court of Appeal, at Mombasa July 25, 1991 Gachuhi,Masime JJ A & Omolo Ag JA Civil Appeal No 144 of 1990 Kenya Breweries Ltd v Saro (Appeal from a Judgment and decree of the High Court at Mombasa, Githinji…

…This was followed by a decree and thereafter attachment and sale warrants were issued against the defendants to be executed by M/s Truckers Auctioneers.…

…As far as that judgment concerns Mwika, it will be set aside together with all consequential orders and decree. This means that Mwika now escapes the said judgment that has caught his partner, Solomon.…

…So much so that even if the defendant had failed to file its defence after being served with summons, it would be necessary for a formal proof of the claim for general damages to be done before a final decree could be entered…

…the petition under s 108 91) of the English Act (s 103 (1) of Kenya Act – Williams on Bankruptcy 18 th Ed p 48 last paragraph But it is duly the most exceptional circumstances that the court would go behind a judgment (Decree…

…my part I consider that it is actionable to set in motion a process of attachment (even though it is seizure under the provisions of a loan agreement and not under an execution warrant issued as a result of an order or a decree…