Case law
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Division and case type: CivilCivil Appeal
…RESPONDENT (Being an appeal from the Judgment and Decree of Hon .N.S. Lutta, SPM dated 18th July 2018 at the Chief Magistrates Court at Kisii in Civil Case No. 503 of 2009) JUDGMENT 1.…
Division and case type: CivilCivil Case
…Although she admits that the marriage between her and the second defendant has been dissolved by a decree of divorce she says in paragraph 9 of her affidavit that he should nevertheless settle the bill because he is a millionaire…
Division and case type: CivilCivil Suit
….……… RESPONDENT (Appeal from a Judgment and decree of the High Court of Kenya at Kisii (Aganyanya, Ag J) dated the 18th June, 1982 In Civil Suit No 72 of 1979) JUDGMENT OF HANCOX, AG J A This is a very sad case in which the…
…The judgment and decree of Aganyanya Ag J are set aside, and as Hancox Ag J A agrees, a judgment and decree awarding the plaintiff general damages of Kshs 30,000 substituted. Dated at Kisii this 29th day of March, 1983.…
Division and case type: CivilCivil Case
…Secondly, that there be a stay of the intended execution of the decree in this suit until further order of this court. Thirdly, that provision be made for the costs of the application.…
Division and case type: Constitutional and Human RightsPetition
…The defendant refused to approve the decree saying it was not a liquidated amount and the registrar had no power to enter judgment in default.…
Division and case type: CivilCivil Case
…So much so that even if the defendant had failed to file its defence after being served with summons, it would be necessary for a formal proof of the claim for general damages to be done before a final decree could be entered…
Division and case type: Constitutional and Human RightsPetition
…I therefore make the following orders: - 1) The marriage solemnized herein between the parties at the Registrar’s office Nairobi on 8/3/1975 be and is hereby ordered to be dissolved. 2) The decree nisi shall issue forthwith…
Division and case type: Constitutional and Human RightsPetition
…the petition under s 108 91) of the English Act (s 103 (1) of Kenya Act – Williams on Bankruptcy 18 th Ed p 48 last paragraph But it is duly the most exceptional circumstances that the court would go behind a judgment (Decree…
Division and case type: CivilCivil Appeal
…The respondent also produced a certified copy of the decree and a certificate of costs.…
Division and case type: CivilCivil Case
…He annexed a copy of the Decree – the aforesaid suit. According to him, the Plaintiff’s application was aimed at defeating their claim which they had acquired by operation of law.…
Division and case type: CivilCivil Case
…After all the foregoing this court deems it fair to confirm an order of stay in the execution of the decree arising from the lower Court's order of 28th June, 1995.…
Division and case type: CivilCivil Appeal
…Order XLI Rule 4(i) requires that such applications ought to be made in the first instance to the court (underlining mine) from whose decree or order the appeal is taken.…
Division and case type: CivilCivil Appeal
…After all the foregoing this court deems it fair to confirm an order of stay in the execution of the decree arising from the lower Court's order of 28th June, 1995.…
Division and case type: CivilCivil Appeal
…Paragraph 2 describes the Defendant as a company limited by decree.…
Division and case type: CivilCivil Appeal
…Paragraph 2 describes the Defendant as a company limited by decree.…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Case
…Contracts relating to land differ greatly from contracts respecting most goods because the land may have a peculiar value to the purchaser where conditions are satisfied - the court will therefore almost invariably decree…
Division and case type: Constitutional and Human RightsPetition
…(c) that no decree of divorce has been made. (d) that the objector is entitled to inherit the estate of the deceased with her children in equal shares with the petitioner herein.…
Division and case type: CivilCivil Appeal
…A decree nisi willissue to become absolute six months’ hence. Each party to bear his/her own costs. Dated and Delivered at Eldoret this 25th Day of January, 1989 D.K.S. AGANYANYA ……………………. JUDGE…