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…On the prayer for expunging the decree from the record, the respondent submits that there is no provisions in law for expunging a decree and that a decree can only be set aside through the process provided for in Section…

…His problem and position are that extraction of preliminary decree is not known in law and the decree should be expunged.…

…The decree holder seeks a garnishee order absolute against the garnishee regarding account Nos. 1107086183 and 1116027593 held by the decree holder at the garnshee’s Moi Avenue Branch, ordering all the monies held to the…

…Judgment was entered in favour of the decree holder on 28th April, 2020 and a decree dated 21st April, 2022 was extracted from it.…

…What is the effect of the undisclosed Spanish insolvency proceedings on the Decree Holder's capacity to execute the decree? v. Who should bear the costs of these applications? 8.…

…The Decree Holder counters that this is a money decree, and substantial loss in such cases is primarily established by showing that the decree-holder would be unable to refund the decretal sum if the appeal succeeds.…

…The decree holder further prays that a Notice to Show Cause be issued against the said directors requiring them to explain why execution of the decree should not proceed against them personally.…

…of the judgment debtor for satisfaction of the decree. 4.…

…Decree may direct payment by instalments [Order 21, rule 12] (1) Where and in so far as a decree is for the payment of money, the court may for any sufficient reason at the time of passing the decree order that payment of…

…or decree, the court may on the application of the judgment-debtor and with the consent of the decree-holder or without the consent of the decree-holder for sufficient cause shown, order that the payment of the amount decreed…

…Examination of a judgment debtor as to his means and/or assets to satisfy a decree is provided for under Order 22 Rule 35 of the Civil Procedure Rules which states – “Where a decree is for the payment of money, the decree…

…of its decree.…

…The Decree issued by the Court on 20 February 2020 relates to CR 8245. The Court has issued no other decree regarding parcel CR18245. 8.…

…The law is crystal clear that a judgment is enforced by way of a decree, and one can only make an application for the execution of a decree.…

…to the decretal sum, and the actual amount of arbitration costs payable to the decree holder. 3.…

…Further, the applicant seeks orders for the taxation of the decree holder’s bill of costs, as well as the taxation of related matters where the decree holder was ordered by the court to pay costs.…

…The operative word is ‘decrees’: the appeal contemplated by the statute is an appeal from the decree, and not from the judgment or the reasons upon which the decree is founded. 9.…

…The judgment, in other words, supplies the reasons; the decree is the formal expression of the adjudication itself. It is the decree that is executed, and it is the decree that is appealed. 11.…

…obtained a decree at all. 7.…

…I am accordingly satisfied that the appellant neither applied for nor obtained the decree it purports to appeal against. Is an appeal without a decree viable? 8.…

…the decree.…

…In opposition, Ms Onyango for the Decree Holders argued that the Applicant sued and obtained judgment against the Decree Holders which was reduced on appeal after payment had been made; that the Decree Holders filed for refund…

…They sought injunctive and declaratory reliefs to restrain the decree holder from attaching or dealing with their assets in execution of a decree against the judgment debtor. 2.…

…In the present case, the decree holder filed an application dated 16th January 2025 seeking an order to compel the directors of the judgement debtor to attend court to be examined as to the means of satisfying the decree…

…The grounds in support of the application are: - (1) The decree holder issued a statutory demand notice dated 19.3.2025 to the judgment debtor seeking to sell the subject property in satisfaction of the decree dated 19.3.2025…

…The background is that the decree holder served a statutory demand notice dated 19.3.2025 upon the judgment debtor. It was calling upon the judgment debtor to satisfy the decree issued on 27.2.2025 by the Hon.…

…affidavit by the decree holder or his advocate, stating that a decree has been issued and that it is still unsatisfied and to what amount, and that another person is indebted to the judgment-debtor and is within the jurisdiction…

…The decree holder has maintained that the decree has not been settled, and now avers that the garnishee bank holds a USD account in the 1st judgment debtor’s name, prays for the same to be used to settle the decree.…

…A Decree was entered by this Court on 13th March 2019 in favour of the Respondents.…

…It is settled law that a court is obliged to give full effect to its decrees and those of superior courts, and that a party cannot be allowed to derive benefit from their own wrongful refusal to honour a court decree.…

…Order 22 Rule 6 of the Civil Procedure Rules provides as follows:- “Where the holder of a decree desires to execute it, he shall apply to the court which passed the decree, or, if the decree has been sent under the provisions…

…Where the decree is for payment of money..... 2. save as otherwise provided by subrule (1) or by any other enactment or rule, every application for execution of a decree shall be in writing, signed by the applicant or his…

…In his supporting affidavit, the 1 st Objector has stated that while the decree herein was issued on 3 rd November 2023, it was not until 24 th February 2025 that the Decree Holder took out warrants of attachment and sale…

…Replying Affidavits Both applications are opposed by the Decree Holder.…

…In his supporting affidavit, the 1 st Objector has stated that while the decree herein was issued on 3 rd November 2023, it was not until 24 th February 2025 that the Decree Holder took out warrants of attachment and sale…

…Replying Affidavits Both applications are opposed by the Decree Holder.…

…more than one year after the date of the decree.…

…In the foregoing circumstances, the application by the garnishee bank does not interfere with the judgment and or decree in favour of the decree-holder.…