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…Judgment having been entered and before execution, a decree has to be issued. Execution is therefore based on the decree. It is the amount in the decree that should be considered as correct for the purpose of execution.…

…The appellant should attack the decree and not the figure he considers the judgment was entered for. I have been in pains to go through the original record to see ……. a mistake in entering judgment.…

…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…

…Section 38 of the Civil Procedure Act which speaks to the actions of alleged disobedience equally empowers court to enforce the execution of decrees and orders.…

…It is enacted as follows: “Subject to such conditions and limitations as may be prescribed, the Court may, on application of decree holder, order execution of the decree– (f) in such other manner as the nature of relief granted…

…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”.…

…Secondly, whether, in absence of the Judgment or a copy thereof, the applicant could have appreciated the reasoning and final decree to permit him or her to take the next cause of action.…

…That the Court considering the application does factor security for due performance of the decree.…

…Secondly, whether, in absence of the Judgment or a copy thereof, the applicant could have appreciated the reasoning and final decree to permit him or her to take the next cause of action.…

…That the Court considering the application does factor security for due performance of the decree.…

…Secondly, whether, in absence of the Judgment or a copy thereof, the applicant could have appreciated the reasoning and final decree to permit him or her to take the next cause of action.…

…That the Court considering the application does factor security for due performance of the decree.…

…Secondly, whether, in absence of the Judgment or a copy thereof, the applicant could have appreciated the reasoning and final decree to permit him or her to take the next cause of action.…

…That the Court considering the application does factor security for due performance of the decree.…

…**** 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.…

………………………………RESPONDENT (Application for extension of time to file an intended appeal from the Judgment and decree of the High Court of Kenya at Kakamega (Gicheru, J) dated December 24, 1982 In Civil Appeal 14 of 1981) ____…

…He applied for execution of his decree and the Bungoma court broker attached and sold eleven cattle belonging to Wamunyama.…

…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…

…Schofield, J) dated 16th December, 1982) Civil Suit No 65 & 513 of 1978 (Consolidated) _______________ RULING OF THE COURT HANCOX, J A It has been held, repeatedly, by this court that failure to include the formally drawn up decree…

…VERSUS MATHEW JOSEPH OGUTU................................................................RESPONDENT RULING By her application dated 19th January, 1994 the second defendant applies for three orders namely that execution of decree…

…The defendant/applicant was aggrieved by that assessment and filed notice of appeal intending to appeal against the decree but before that could be done the court made an order that Kshs.361, 111.00 be paid out to the plaintiff…

…When the applicant wanted to have the decree approved for purposes of appeal is when they were told that the decree could not be approved as no costs had been paid for the suit either at the time of filing or the time of…

…………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…

…defendant finally swore in his affidavit in reply that the applicant has concealed his property with a view of defeating the plaintiff’s claim The provisions of order XX rule 11 (2) reads: “After the passing of any such decree…

…, the court may on the application of the judgement 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 be…