“"execution"” — court decisions

Judgment[1998] KEHC 179

Judgment[1998] KEHC 11030 September 1998

CONTINENTAL DEVELOPERS LTD v SAUTI HOUSING CO-OPERATIVE SOCIETY

High Court at Nairobime on,Mitambo,Gatonye,Ogano,Rachi,Rachi applicant Mr,Rachi Applicant,Kariuki,Mitambo Defendant,Mitambo We,Gatonye says Co,Gatonye They,Gatonye Give,Rachu,Rao,Gatonye last Friday,Gatonye serve Mr,Muruthi,Koyoko,MitiamboCase number Civil Case 933 of 1996

Division and case type: CivilCivil Case

…The bankwas made a party to execution proceedings. It is true that Mr. Gatonye orally applied for leave to appeal on1/10/98 after the Ruling was read. It is also true that Mr.…

…Gatonye filed a formal application for stay of execution pending appeal and a temporary stay of execution pending appeal was granted pending the hearing of the application.…

application succeedsAllowed2 min read

Judgment[1998] KEHC 4115 November 1998

In Re Estate of Gatuthu Njuguna (Deceased) [1998] KEHC 41 (KLR)

High Court at Nairobihe could distribute the net estate,Njoroge,Njore,Daniel Mutua Mutisya,Henry Gichuhi Waiyaki,Flora,Florah,Mohammed Abdulla,Mahesh Shah,James Macharia Njore,Macharia Njore,Alluwalia,Ahluwalia,Henry Gachuhi,Waiyuka,Daniel Mutua Mutysa,Samuel Kitaka,Njore Mr GitakaCivil Appeal 329 of 2018

Division and case type: FamilySuccession Cause

…There is a presumption of due execution and capacity to make a will and the statutory burden as regards capacity is on the applicant - S. 5(4) of law of succession Act.…

…Starting with the law, it is clear that the applicant is challenging the validity of the will on two grounds - first, lack of due execution and lack of capacity to make the will.…

application is dismissedDismissed19 min read

Judgment[1994] KECA 11721 April 1994

Moi v Matiba; Electoral Commission & another

Court of Appeal at NairobiJUDGE APPEAL,Inmadar,Inamdar,Matiba,Kariuki,Kariuki being Re WhitleyCivil Appeal 176 of 1993

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.…

76 min read