“"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[2007] KEHC 133229 November 2007

ATUL SHAH & ANOTHER v BHARAT DOSHI & ANOTHER

High Court at DoshiKasango,Kopere,Nyaoga,SaendeCase number Civil Case 294 of 2006

Division and case type: Milimani Commercial CourtsCivil Case

…case of AMERICAN LIFE INSURANCE (CO) LIMITED VS DAVID OYATTA NAIROBI HCCC NO. 168 OF 2004 where Visram, J observed: “Order XLI Rule 4(2) sets out conditions which must be fulfilled to entitle one to an order for stay of execution…

…What are the conditions for stay of execution pending appeal? To answer this question, I can do no more than reproduce the contents of Order.…

suit struck outDismissed10 min read

Judgment[2006] KEHC 8829 November 2006

ATUL SHAH & another v BHARAT DOSHI & another

High Court at DoshiKasango,Kopere,Nyaoga,SaendeCase number Civil Case 294 of 2006

Division and case type: Milimani Commercial CourtsCivil Case

…What are the conditions for stay of execution pending appeal? To answer this question, I can do no more than reproduce the contents of Order.…

suit struck outDismissed10 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