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…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.…

…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…

…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.…

…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.…

…There is now before me an application by way of Chamber Summons under Order 41 Rule 4 and order 21 of the Civil Procedure Rules and section 3A of the Civil Procedure Act for orders that there be a stay of execution pending…

…However, that notwithstanding, the applicant has to satisfy the requirements of order 41 rule 4(2) in order to secure stay of execution.…

…If an Executive Officer of the Court or any other person like a Court Broker who is bound to execute the lawful warrants, orders or other process of the judge, does such execution in a situation where the Judge acted without…

…Negligence cannot be said by any stretch of imagination to be the responsibility of a judicial nature or responsibility had in connection with the execution of judicial process.…

…The appellants (tenants) applied to the Business Premises Rent Tribunal on the 8th day of April, 1987, seeking orders to stay the execution of the orders of the Tribunal made on 10th March 1987.…

…I will first deal with the question of the Tribunal in granting an order for staying execution of its own orders on judgments.…

…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…

…The plaintiff has not yet executed the judgment and there has been no stay of execution.…

…In accordance with order XLI Rule 4 of the Civil Procedure Rules, the plaintiff can either take execution (since the appeal intended does not operate as a stay) or if a stay is ordered, the defendant will have to give security…

….……….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.…

…U L I N G The application dated 25th September, 2002 and filed in court on 26th September, 2002 relates to appeal numbers 116 of 1993 and 117 of 1993 in which Honourable Justice Shields, as he then was, ordered stay of execution…

…Pending the hearing of the appeals, the appellant made an application for stay of execution and these are the applications which Justice Shields granted on 17th May 1993 condition of a deposit of Kshs.10,000/= per each appeal…

…The applicant shall pay to the Respondent costs of this application assessed at K.Shs.5,000/= payable within 10 days failing which execution may issue. Dated and delivered at Nairobi this 7th day of November, 2000. A.A.…

…It is common ground that subsequent to the execution of the deed each of the defendants refused to pay Kshs 250,000 as stipulated in the deed to the plaintiff, and the plaintiff has instituted this action for recovery of…

…His concurrence, therefore, either by execution of the document or by adoptive acts, is an implied condition of the validity of the arrangement, and if such concurrence is not obtained the arrangement is not binding even…

…application and order that the Notice of Appeal filed herein on 13th July, 1994 and dated 11th July, 1994 be and is hereby struck out with costs for the applicant assessed at Shs.500/-, to be paid within 7 days and the defendant execution…

…A decree was drawn and signed by the Deputy Registrar and Execution process set in motion. There were attachments made in the execution of the decree in part.…

…That since execution was levied the prayer for stay of execution was overtaken by events. 4. That the application was filed before Mr Birech came properly on the record and so the same is incompetent. 5.…

…He said theapplicants have always frustrated execution of the judgment of the ResidentMagistrate, Eldoret and Mead, J's appeal judgment of 1981.…

…NYANJA.................................APPLICANTS AND CITY FINANCE BANK LIMITED...........................RESPONDENT (Being an application for stay of execution in an intended appeal from a Decision of the High Court of Kenya…