Case law
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Division and case type: CivilCivil Case
…PLAINTIFF VERSUS MATHEW JOSEPH OGUTU................................................................RESPONDENT RULING By her application dated 19th January, 1994 the second defendant applies for three orders namely that execution…
…All execution proceedings against the second are also set aside. The second defendant will file her appearance and defence, both, within the next 15 days.…
Division and case type: CivilCivil Appeal
…In execution of the said judgment the 1st respondent and his family were evicted from the suit premises in early 1980 and in the course their homes were pulled down.…
…On the question of inordinate delay we have earlier given a history of events which tend to show that in 1980 when the 2nd respondent, who first came to learn of the suit, when she was being evicted in consequence of execution…
Division and case type: CivilCivil Appeal
…Textiles) Ltd [1976] AC 443 held that - “Considering the Miliango’s case and the time factor between the date of accrual of damages, the filing of the suit and the time of obtaining judgment and possible appeal and time for execution…
Division and case type: CivilCivil Appeal
…The execution of a legal document is a matter of fact. It is either executed or not executed.…
…I would also order that if the suit land has been registered in the name of the respondent in execution of the decree, the Land Registrar, Mombasa, do cancel this registration and reinstate as proprietors all the persons…
Division and case type: CivilCivil Appeal
…required to take, in the following words in the case of a judgment or order requiring a person to abstain from doing an act: “If you, the within named A B disobey this judgment (or order) you will be liable to process of execution…
…In Shah’s case the Court on 23rd May, 1990, granted an interim order staying execution of the order of eviction pending hearing of the application inter partes on Friday 25th May, 1990, at 9.00 am.…
Division and case type: CivilCivil Appeal
…On 16th July, 1993, the appellant obtained a stay of execution of the judgment of Kuloba J and undertook to deposit into an interest bearing account in the joint names of the appellant and the respondent, the decretal sum…
Division and case type: CivilCivil Appeal
…The respondent, a judge, holding administrative office of Chief Justice while executing his judicial duties in Court or in execution of his administrative duties within the jurisdiction, enjoys absolute privilege from being…
Division and case type: CivilCivil Appeal
…In the same decision (Jahazi’s) when the Election Court was referred to execution by a holder of a power of attorney, the Court expressed its view that: “In our view the cases of powers of attorney are clearly distinguishable…
…The manner of execution of that right to challenge an election was laid down in the Act (Cap 7) and the rules made thereunder. The intention of the Parliament was to confer a right to the voter to challenge an election.…