Case law
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Division and case type: GeneralUnclassified
…NYANJA.................................APPLICANTS AND CITY FINANCE BANK LIMITED...........................RESPONDENT (Being an application for stay of execution in an intended appeal from a Decision of the High Court of Kenya…
Division and case type: CivilCase number Civil Application
…RESPONDENT (An Application for stay of execution in an intended appeal from the ruling of the High Court of Kenya at Nairobi (Justice Githinji) dated 19th June, 1997 in H.C.C.C.…
Division and case type: CivilCivil Appeal
…The respondent will have his costs for this application which is assessed at 1,500/= to be paid within 7 days of today, in default, execution to issue. Dated and delivered at Nairobi this 8th day of July, 1997. A. M.…
Division and case type: CivilCivil Appeal
…He applied for execution of his decree and the Bungoma court broker attached and sold eleven cattle belonging to Wamunyama.…
…The issues in a second appeal in the circumstances of the Wamunyama Nabiriki troubles, might be whether an action for damages for wrongful seizure and sale of eleven animals by a court broker in purported execution of a judgment…
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.…
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…
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
…We also discharge and revoke the stay of execution granted by this Court pending the hearing and determination of the appeal. Dated and delivered at Nairobi this 13th day of July , 1988 F.K.…
Division and case type: CivilCivil Appeal
…We also discharge and revoke the stay of execution granted by this Court pending the hearing and determination of the appeal. Dated and delivered at Nairobi this 13th day of July , 1988 F.K.…
Division and case type: CivilCivil Appeal
…It is analogous to the series of cases, which occur with disturbing frequency and with which this Court is becoming increasingly concerned, where the wrong person’s goods are attached in execution of a court warrant.…
…For 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…
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…
Division and case type: CivilCivil Appeal
…Similarly, in the case of an enactment that an act must be done within 21 days after the execution, the day of execution is to be excluded (see William vs.…
Division and case type: CivilCivil Appeals numbered
…respondent will have costs of the applications which, to save time, I assess at shs.4,000/= for both applications which sum must be paid by the applicant to the respondent's advocate within the next 21 days failing which execution…
Division and case type: CivilCase number Civil Application
…Similarly, in the case of an enactment that an act must be done within 21 days after the execution, the day of execution is to be excluded (see William vs.…
Division and case type: CivilCivil Appeal
…Upon execution of the agreement, the appellant handed in cheque No 302875 for KShs 200,000 dated March 1, 1987.…
…Sections 109 and 110 of the Act respectively provides for the execution of these instruments and verication of their execution.…
Division and case type: CivilCivil Suit
…A judge can under the Rules of court grant a stay of execution pending an appeal.…
…An unsatisfied judgment against it exposes it to execution or winding up proceedings which falls foul of another one (clause 11 (a). It did not have the money ready to be paid.…
Division and case type: CivilCivil Appeal
…After the judgment of Masime, J delivered on July 21, 1981 Mr Russell successfully applied for a stay of execution pending appeal which was granted on January 14, 1982, after which the present Defendants appear on the scene…
…In the meantime, the interpleader action had been commenced in 1980 and had been decided in July 1981, although execution was stayed on January 14, 1982, so therefore Mr Russell was able to continue to appear as a registered…
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.…