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…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.…

…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…

…MASAI .......................................RESPONDENT (Appeal from a Judgment and Decree of the High Court of Kenya at Nairobi (Lady Justice Effie Awuor) dated 13th June, 1988 in H.C.C.C.…

…It did not in any way seek conclusively to determine the rights of the parties and did not give rise to a decree within the meaning of s.2. of the Civil Procedure Act. At the best it gave rise to an order.…

…It would seem to us that where liability has been established by a preliminary decree, it is necessary to appeal within proper time against that preliminary decree.…

…The argument is very well set out on pp 604 and 605 where the distinction was drawn between preliminary decrees and interlocutory orders.…

…APPELLANT AND MARIA VESTERS & ANOTHER.................................................RESPONDENT (Appeal from Judgment/Decree of the High Court at Nairobi, Cockar J) JUDGMENT June 10, 1988, Nyarangi JA delivered the following…

…The bank was not a party to the suit.The court however decided to give the Bank opportunity to be heard inrespect of the Decree Holder's application dated 3/9/97 seeking leave tosell some property which happened to be charged…

…Interest has been accumulating over the debt owed by J.D both tothe bank and to the Decree Holder.…

…The applicant's original appeal had been struck out for being incompetent in that the date shown on the extracted decree as the date of the judgment, differed from that shown in the record of appeal as the date of judgment…

…The explanation for this delay was the time taken to obtain the rectification of the decree in the High Court, that is from 22nd January, 1997, when the related application was made, until 2nd July, 1997, was due to the difficulties…

….……………………… RESPONDENT (Appeal from judgment and decree of the High Court of Kenya at Mombasa (Lady Justice Ang’awa) dated 23rd May, 1996 IN H.C.C.C.…

…The Court was informed from the bar that the full amount payable under the decree has been paid.…

…The power to award interest generally is given to the Court by section 26(1) of the Civil Procedure Act (cap 21) which reads: “26(1) Where and in so far as a decree is for the payment of money, the Court may, in the decree…

…Nyarangi, Platt & Gachuhi JJA) CIVIL APPEAL NO 16 OF 1985 Between SHIRAKU...................................................................APPELLANT AND COMMERCIAL BANK OF AFRICA.....................RESPONDENT (Appeal from a decree…

…NO. 97 OF 1988) ********************** RULING The applicant's original appeal to this Court was struck out on 23rd October, 1995 for the reason that its record did not contain a certified copy of the decree appealed against…

…On 7th November, 1995 he filed the present application seeking extension of time within which to lodge the record of appeal which now he says would contain the requisite certified copy of the decree appealed against.…

…I N G Under O.38 r 5 of the Civil Procedure Rules this court may at any stage of proceedings upon being satisfied either by Affidavit or otherwise that the defendant with intent to obstruct or delay the execution of any decree…

…To satisfy the court that the defendant intends to remove his property from the jurisdiction o this court with the only intention of defeating execution of any decree that may be passed against him.…

…Mr Kinyanjui submitted that, taking into account the definition of the word “decree” in section 2 of the Civil Procedure Act (cap 21), judgment includes a dismissal of a suit under rule 4 of order IXB, but it did not include…

…According to Miss Mwangi ,the definition of “decree” covers a dismissal for default.…

…October, 1979 in the High Court Civil Case No. 575 of 1968 on the grounds that the applicant had previously filed Civil appeal No. 79 of 1985 which was struck out because the applicant did not include a certified copy of the decree…

…in the record of appeal; that the omission to include the order (sic) decree was a mistake on the part of his then advocate; and that as the applicant had fully entrusted the prosecution of the appeal in the ......... professional…

…October, 1979 in the High Court Civil Case No. 575 of 1968 on the grounds that the applicant had previously filed Civil appeal No. 79 of 1985 which was struck out because the applicant did not include a certified copy of the decree…

…in the record of appeal; that the omission to include the order (sic) decree was a mistake on the part of his then advocate; and that as the applicant had fully entrusted the prosecution of the appeal in the ......... professional…

…NANGURAI (AS PERSONAL REPRESENTATIVE OF HARRY LEWIS NANGURAI, NOW DECEASED)......................RESPONDENT (Appeal from the Decree/Judgment of the High Court of Kenya at Nairobi (Hon. Mr.…

…The bank was not a party to the suit.The court however decided to give the Bank opportunity to be heard inrespect of the Decree Holder's application dated 3/9/97 seeking leave tosell some property which happened to be charged…

…Interest has been accumulating over the debt owed by J.D both tothe bank and to the Decree Holder.…

…The bank was not a party to the suit.The court however decided to give the Bank opportunity to be heard inrespect of the Decree Holder's application dated 3/9/97 seeking leave tosell some property which happened to be charged…

…Interest has been accumulating over the debt owed by J.D both tothe bank and to the Decree Holder.…

…............................................APPELLANT AND NAIMA MOHAMOUD (A minor who had sued through her next friend Mohamoud Ali)..............................................RESPONDENT (An appeal from a judgment and decree…