“"execution"” — court decisions

Judgment[1999] KEHC 6818 July 1999

CONTINENTAL DEVELOPERS LTD v SAUTI HOUSING CO-OPERATIVE SOCIETY

High Court at NairobiGatonye,Rachi,GatonyesCase 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.…

2 min read

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[1985] KECA 11615 December 1985

Madhupaper International Limited v Kerr

Court of Appeal at KisumuMegarry,judge can under Rules,Bank KCFCCase number Civil Miscellaneous Application 116 of 1985

Division and case type: CivilMiscellaneous Application

…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.…

application is refusedDismissed19 min read

Judgment[1985] KECA 7615 December 1985

Madhupaper International Ltd v Kerr

Court of Appeal at KisumuMegarry,judge can under Rules,JUDGE APPEAL,Bank KCFCCase number Civil Application 116 of 1985

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.…

application is refusedDismissed19 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