“"execution"” — court decisions

Judgment[1996] KECA 18626 March 1996

Mwanzi Road Properties Ltd v Maina Muchiri & another

Judgment[1996] KECA 1422 December 1996

Carter & Sons Ltd v Kenya Finance Corporation Limited & another

Court of Appeal at NairobiShields,JUDGE APPEAL,Kowade,Regeru,SharmaCase number Civil Appeal 62 of 1993

Division and case type: CivilCivil Appeal

…Both the first and second respondents applied for a stay of execution of the monetary part of the decree pending appeal, but Karugu Contractors made no application.…

…And further that although it did not apply for a stay of execution of the decree, when the order was made on the application for stay of execution, it stayed the execution of the decree in relation to Karugu Contractors as…

5 min read

Judgment[1996] KEHC 431 January 1996

CHAIRMAN & SECRETARY - TABLIGH FLYSABULLAHI MARKAZ SELF HELP GROUP v DAVID MOTUKU NZAU

High Court at MachakosJudge Chambers,Nzei,Mulwa,Nzei argued Mr,OsolikaCase number Civil Case 64 of 1995

Division and case type: CivilCivil Case

…Execution followed and the Appellant's properties were attached. But a stay of execution was granted and it remains in force with the attached goods stored by the auctioneer.…

…Mulwa was not holding a current practising certificate when the lower court concluded the proceedings on or about 28th June, 1995 and thereafter ordered execution. Mr.…

10 min read

Judgment[1996] KEHC 1131 January 1996

CHAIRMAN & SECRETARY TABLIGH FLYSABULLAHI MARKAZ SELF HELP GROUP v DAVID MOTUKU NZAU

High Court at MachakosJudge Chambers,Nzei,Mulwa,Nzei argued Mr,OsolikaCase number Civil Appeal 64 of 1995

Division and case type: CivilCivil Appeal

…Execution followed and the Appellant's properties were attached. But a stay of execution was granted and it remains in force with the attached goods stored by the auctioneer.…

…Mulwa was not holding a current practising certificate when the lower court concluded the proceedings on or about 28th June, 1995 and thereafter ordered execution. Mr.…

10 min read

Judgment[1996] KECA 20225 January 1996

Bamburi Portland Cement Company Limited v Imranali Chandbhai Abdulhussein

Court of Appeal at MombasaJudge Kencem,Judge awarded him Shs,JUDGE APPEAL,Khaminwa,Khanna,OngeriCase number Civil Appeal 83 of 1995

Division and case type: CivilCivil Appeal

…The said costs to be paid within 14 days from to-day failing which execution to issue. 5. This appeal to be listed for hearing during the next session in Mombasa.…

2 min read

Judgment[1996] KECA 2088 May 1996

Julius Wainaina Mwathi v Beth Mbene Mwathi & another

Court of Appeal at NairobiBosire,JUDGE APPEALCase number Civil Appeal 123 of 1992

Division and case type: CivilCivil Appeal

…He drew the attention of the Court to the fact that shortly before the execution of the alleged Will, the appellant had removed the deceased from his mother's house to his own house.…

…On the evidence, we are satisfied that the appellant did not discharge the onus of showing that he did not procure the execution of the alleged Will by unfair means, and the Judge was perfectly right to revoke the grant made…

appeal succeedsAllowed6 min read

Judgment[1996] KECA 10111 March 1996

Patrick Campbell Manyuira v Ann Muthoni Pertet

Court of Appeal at NairobiMoijo Ole Keiwua,JUDGE APPEAL,NjugunaCase number Civil Appeal 38 of 1995

Division and case type: CivilCivil Appeal

…and 4 of her said affidavit the respondent states that the appellant agreed to sell to her the suit property at a price of K.Shs.3,500,000/= 10% of which sum was to be paid as deposit in two stages; Shs.100,000/= upon the execution…

appeal is dismissedDismissed3 min read

Judgment[1996] KECA 6810 January 1996

Agip (Kenya) Limited v Appollos Kennedy Mwangi T

Court of Appeal at NairobiJUDGE APPEAL,It,KonosiCase number Civil Appeal 166 of 1995

Division and case type: CivilCivil Appeal

…Prior to the execution of this agreement the respondent had operated the station under a temporary arrangement for 16 ½ months.…

12 min read