“"execution"” — court decisions

Judgment[1996] KECA 1422 December 1996

Carter & Sons Ltd v Kenya Finance Corporation Limited & another

Court of Appeal at Nairobi

Judgment[2020] KEELC 19222 December 2020

Paul Kimondiu v County Government of Makueni

Environment and Land Court at Makuenithis court for ruling is the Plaintiff,Judah K. Kioko,MuchukuCase 5 of 2020

Division and case type: Environment and LandLand Case

…That leave be granted for prayer (2) to operate as a stay of execution of the Judgment delivered on 29.5.2020 in Malindi, CMCC No. 408 of 2015.…

…Regarding stay of execution Order 42 Rule 6 of the Civil Procedure Rules governs the conditions to be met by a party to the proceedings seeking stay of execution of the Judgment.…

6 min read

Judgment[2020] KEELC 18221 December 2020

Duba Ware v Hellen Hakule Halakhe

Environment and Land Court at ChukaLucy MbuguaCase E011 of 2020

Division and case type: Environment and LandCase

…That leave be granted for prayer (2) to operate as a stay of execution of the Judgment delivered on 29.5.2020 in Malindi, CMCC No. 408 of 2015.…

…Regarding stay of execution Order 42 Rule 6 of the Civil Procedure Rules governs the conditions to be met by a party to the proceedings seeking stay of execution of the Judgment.…

6 min read

Judgment[2020] KEHC 60621 December 2020

Atlantis Kenya Limited v Chebuswa Limited

High Court at MalindiCase number Miscellaneous Civil Application E13 of 2020

Division and case type: CivilMiscellaneous Civil Application

…That leave be granted for prayer (2) to operate as a stay of execution of the Judgment delivered on 29.5.2020 in Malindi, CMCC No. 408 of 2015.…

…Regarding stay of execution Order 42 Rule 6 of the Civil Procedure Rules governs the conditions to be met by a party to the proceedings seeking stay of execution of the Judgment.…

6 min read

Judgment[2020] KEELC 19021 December 2020

Leakey Muthini Mulonzi & another v Principal Secretary, Ministry of Lands, Housing and Urban Development & 4 others

Environment and Land Court at MakueniEdward Mulandi Kavanda,Daniel Mutuku Ngovi,Wangombe Kavuyu,MunyaoCase number Constitutional Petition 3 of 2020

Division and case type: Constitutional and Human RightsConstitutional Petition

…That leave be granted for prayer (2) to operate as a stay of execution of the Judgment delivered on 29.5.2020 in Malindi, CMCC No. 408 of 2015.…

…Regarding stay of execution Order 42 Rule 6 of the Civil Procedure Rules governs the conditions to be met by a party to the proceedings seeking stay of execution of the Judgment.…

6 min read

Judgment[1988] KECA 1318 September 1988

Richard Saidi v Manasse Lumwachi Hajani

Court of Appeal at KisumuJUDGE APPEALCase number Civil Appeal 58 of 1986

Division and case type: CivilCivil Appeal

…This appeal is on computation of the figures in the process from the time of filing suit sailing through to execution. The appellant has not understood these figures.…

…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.…

4 min read

Judgment[1989] KEHC 525 June 1989

In re Trio Holdings Ltd [1989] KEHC 5 (KLR)

High Court at NairobiCase number Winding Up Cause 43 of 1988

Division and case type: Constitutional and Human RightsPetition

…of the said decree and on 10th January, 1989 the Court granted a stay of execution in respect of the order for possession of the suit premises only and that to on the condition that the debtor would provide within 30 days…

…In his first affidavit Mr Kalinga had also stated that the execution of the decree had been stayed but he has not produced certified copy of the said order of stay.…

5 min read

Judgment[1998] KEHC 17930 September 1998

CONTINENTAL DEVELOPERS LTD v SAUTI HOUSING CO-OPERATIVE SOCIETY

High Court at Nairobiit was fully paid on condition that out of theloan of shs,Gatonye,Mitambo,Ogano,Rachi,Rachi applicant Mr,Rachi Applicant,Kariuki,Kariuki Mr,Mitambo Defendant,Mitambo We,Gatonye says Co,Rachi proceed Mr,Gatonye They,Gatonye Give,Rachu,Rao,Gatonye last Friday,Rachi We,Rao If,Gatonye serve Mr,Rao absent Mr,Muruthi,Koyoko,MitiamboCivil 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 628 August 1985

Batholomew Muyale v Shem Nyambasi Mulefu & another

Court of Appeal at KisumuJUDGE APPEALCase number Civil Application 41 of 1985

Division and case type: CivilCivil Suit

…Batholomew Muyale filed a Notice of Motion before this court for stay of execution against the order of the High Court (Aganyanya J) dated April 15, 1985 dismissing his application for stay of execution.…

…Since then, the applicant has made several applications to the High Court for stay of execution and for setting aside the said order without success.…

8 min read

Judgment[1996] KEHC 431 January 1996

CHAIRMAN & SECRETARY - TABLIGH FLYSABULLAHI MARKAZ SELF HELP GROUP v DAVID MOTUKU NZAU

High Court at MachakosJudge Chambers,Nzei,Mulwa,Nzei argued Mr,OsolikaCase number Civil Case 64 of 1995

Division and case type: CivilCivil Case

…Execution followed and the Appellant's properties were attached. But a stay of execution was granted and it remains in force with the attached goods stored by the auctioneer.…

…Mulwa was not holding a current practising certificate when the lower court concluded the proceedings on or about 28th June, 1995 and thereafter ordered execution. Mr.…

10 min read

Judgment[1991] KEHC 1024 June 1991

MOHAMMED IQBAL KARIM v SOLOMON MAKONEN & ANOTHER

High Court at MeruSO OgukCase number Civil Appeal 70 of 1991

Division and case type: CivilCivil Appeal

…That this court do stay execution of the orders made by the Learned Senior Resident Magistrate, Meru on the 12th of June 1991 in her Civil Case No 14/91. 2.…

…That there be orders that execution in the Principal Magistrate’s Case No 14 of 1991 do proceed. 4. That costs of this application be provided for.…

17 min read

Judgment[1998] KEHC 23520 September 1998

KENYA POWER & LIGHTING CO. LTD v NJILUX MOTORS LTD

High Court at NairobiNjunguCIVIL CASE NO. 1887 OF 1994

Division and case type: CivilCivil Case

…...................................................................DEFENDANT R U L I N G This is an application by Notice of Motion under order 41 Rule 4 of the Civil Procedure Rules for an order that there be a stay of execution…

appeal succeedsAllowed3 min read

Judgment[2020] KEELC 20321 December 2020

Mohamed Sharif Iderus v Mohamed Ali Hussein

Environment and Land Court at ChukaLucy Mbugua MeruCase E005 of 2020

Division and case type: Environment and LandLand Case

…That leave be granted for prayer (2) to operate as a stay of execution of the Judgment delivered on 29.5.2020 in Malindi, CMCC No. 408 of 2015.…

…Regarding stay of execution Order 42 Rule 6 of the Civil Procedure Rules governs the conditions to be met by a party to the proceedings seeking stay of execution of the Judgment.…

application is grantedAllowed6 min read

Judgment[1999] KECA 10321 November 1999

JOHN KIPKEMBOI KILEL v s DIAMOND TRUST BANK (K) LTD

Court of Appeal at NairobiJUDGE APPEALCase number Civil Miscellaneous Application 314 of 1999

Division and case type: CivilMiscellaneous Application

…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…

2 min read

Judgment[1992] KEHC 18323 November 1992

Robert letapin Ole Kidotu v Stephen Muiruri

High Court at NairobiCase number Civil Suit 3086 of 1989

Division and case type: CivilCivil Suit

…Mr Keyonzo however argued that the transfer was fraudulent as at the time it was done execution was in process.…

…Under that section the goods of a judgment debtor are deemed to be under attachment as from the time the warrant is delivered to the court broker until the execution is completed and any alienation in the meantime is declared…

3 min read

Judgment[2008] KEHC 23616 December 2008

CHEPKULUL ARAP MELEK v KIBIMAR ARAP MELEK

High Court at KerichoCase number Civil Case 17 of 1999

Division and case type: CivilCivil Case

…The plaintiff/advocate applied by an application 3rd November, 2007 for stay of execution and setting aside the Court’s orders. This was withdrawn and another filed on 2nd December, 2008 that was duly struck out. 4.…

…The said application was partially abandoned on the issue of stay of execution. II: Application 10th December, 2008 On the setting aside the courts dismissal orders . 5.…

matter dismissedDismissed3 min read

Judgment[2000] KEHC 2011 October 2000

BENROSE FAST FOOD v MURANGA PROPERTIES LTD

High Court at NairobiCIVIL SUIT NO. 1424 OF 1997

Division and case type: CivilCivil Suit

…The grounds in support are that the Stay of Execution which had been granted has been overtaken by the events on 17.5.2000 the Court of Appeal struck out the Notice of Appeal so that in reality there is no pending appeal.…

…There being no stay of execution and there being no appeal filed there would be no excuse to deny the applicant his right contained in the Order of 16.10.1997.…

Appeal struck outDismissed1 min read

Judgment[1995] KEHC 11019 March 1995

Kabansora Limited v Ahmed Bahannan

High Court at Nairobiday of hearing,Garnishee order nisi shall be served on the GarnisheeCase number Civil Suit 3619 of 1988

Division and case type: CivilCivil Suit

….……….APPLICANT VERSUS AHMED BAHANNAN………………….RESPONDENT RULING The Garnishee applies for stay of execution and setting aside the Garnishee order Nisi of October 15, 1990 served on October 17, 1990 and was for hearing on October…

…I must therefore stay execution of the order as prayed and also set it aside.…

3 min read

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