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…CIVIL APPEAL NO. 34 OF 1996 BETWEEN BONIFACE MUSYOKA NDOLO..........................................APPELLANT AND PAULINE KATONGE MUSAU…………….........................SPONDENT (Appeal from the Judgment and Decree of the High…

…In the result, the appeal is allowed to the extent that the decree issued by the superior court is varied by reducing the same by a sum of Shs. 600,000/=.…

…......................................................APPELLANT AND HAMID CHEMICALS LIMITED........................................................................................RESPONDENT (Appeal from the Judgment and decree…

…APPELLANT AND MEA LIMITED ........................................RESPONDENT (An application for stay of execution of the order and decree pending the lodging and hearing of an intended appeal from the ruling and order of…

…In the process of executing the decree issued in its favour, the respondent not only attached the goods lying in the applicant’s business premises but also locked up the premises.The result is that the applicant cannot trade…

….….RESPONDENT (Appeal from the Judgment and decree of the High Court of Kenya at Nairobi (Justice Githinji) dated 11th May, 1995 IN H. C. C. C.…

…CIVIL APPEAL NO. 34 OF 1996 BETWEEN BONIFACE MUSYOKA NDOLO..........................................APPELLANT AND PAULINE KATONGE MUSAU…………….........................SPONDENT (Appeal from the Judgment and Decree of the High…

…In the result, the appeal is allowed to the extent that the decree issued by the superior court is varied by reducing the same by a sum of Shs. 600,000/=.…

…......................................................APPELLANT AND HAMID CHEMICALS LIMITED........................................................................................RESPONDENT (Appeal from the Judgment and decree…

…First, the respondents admitted liability and, secondly, they did not challenge the decree which meant that the judge could not order that payment of the amount decreed be postponed or made by instalments without the consent…

…the decree.…

…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…

…BERNARD KIARIE....................................................................APPELLANT VERSUS THUKU NJOROGE................................................................RESPONDENT (Being an appeal from the judgment and decree…

…In Alibai v Raichura 20 EACA 24; the headnote reads: “An Order is a formal expression of any decision of a Civil Court which is not a decree.…

…Those holdings were founded on a proper interpretation of section 66 of the Civil Procedure Act which confers a right of appeal from the High Court to this Court from “decrees and orders of the High Court”.…

…In Alibai v Raichura 20 EACA 24; the headnote reads: “An Order is a formal expression of any decision of a Civil Court which is not a decree.…

…Those holdings were founded on a proper interpretation of section 66 of the Civil Procedure Act which confers a right of appeal from the High Court to this Court from “decrees and orders of the High Court”.…

…**** RULING OF THE COURT In this application the applicant seeks to have the appellant's appeal struck out for being incompetent for the reason that the record of the said appeal does not contain a certified copy of the decree…

…It is patently obvious that the record of the appellant's appeal does not contain a certified copy of the decree appealed against.…

…APPELLANT AND KENYA NATIONAL TRADING CORPORATION .........RESPONDENT (Application for extension of time to file appeal in an intended appeal from a judgment and decree of the High Court of Kenya at Nairobi (Justice Githinji…

…appeal out of time, the first appeal filed by the applicant (Civil Appeal No. 91 of 1993), having been struck out by this Court on 25th October, 1995, because the record of appeal did not contain a certified copy of the decree…

…………RESPONDENT (Appeal from the Ruling and Decree of the High Court of Kenya at Nairobi of the Honourable Mr Justice Tank dated 29th April, 1992 in High Court Civil Case No 670 of 1992) JUDGMENT The issue for determination…

…operation costs : Kshs 190,000/= (c ) Loss of earning to that date: Kshs 475,000/= (d) Loss of diminished earning capacity: Kshs 1,500,000/= (e) Special damages: Kshs 132,008/70 Total: Kshs 2,897,008/70 On 23rd January, 1992 a decree…

…APPLICANT AND DIAMOND TRUST BANK (K) LTD .........................RESPONDENT (An application for stay of execution in an intended appeal from a judgment and decree of the High Court of Kenya at Nairobi (Khamoni J) dated 2nd…

…NO. 44 OF 1998) ************** RULING OF THE COURT The applicant seeks the exercise of our discretionary jurisdiction under rule 5 (2) (b) of the Rules of this Court and order a stay of execution of the decree of the superior…

…MASAI .......................................RESPONDENT (Appeal from a Judgment and Decree of the High Court of Kenya at Nairobi (Lady Justice Effie Awuor) dated 13th June, 1988 in H.C.C.C.…

…It did not in any way seek conclusively to determine the rights of the parties and did not give rise to a decree within the meaning of s.2. of the Civil Procedure Act. At the best it gave rise to an order.…

…It would seem to us that where liability has been established by a preliminary decree, it is necessary to appeal within proper time against that preliminary decree.…

…The argument is very well set out on pp 604 and 605 where the distinction was drawn between preliminary decrees and interlocutory orders.…

…APPELLANT AND MARIA VESTERS & ANOTHER.................................................RESPONDENT (Appeal from Judgment/Decree of the High Court at Nairobi, Cockar J) JUDGMENT June 10, 1988, Nyarangi JA delivered the following…

…The applicant's original appeal had been struck out for being incompetent in that the date shown on the extracted decree as the date of the judgment, differed from that shown in the record of appeal as the date of judgment…

…The explanation for this delay was the time taken to obtain the rectification of the decree in the High Court, that is from 22nd January, 1997, when the related application was made, until 2nd July, 1997, was due to the difficulties…