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…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…

…RESPONDENT (Appeal from the judgment/Decree of the High Court of Kenya (Justice Khamoni) dated 6th August , 1996 in H. C. C. C.…

…Leave shall not be granted to apply for an order of certiorari to remove any judgment, order, decree, conviction or other proceeding for the purpose of it being quashed, unless the application for leave is made not later…

…Section 9(3) of the Law Reform Act reads: “(3) In the case of an application for an order of certiorari to remove any judgment order decree conviction or other proceedings for the purpose of its being quashed, leave shall…

…1996 and lodged in this Court on the same day, the respondent sought to have the appellant’s appeal struck out as being incompetent for the reason that the record of the said appeal does not contain a certified copy of the decree…

…The vehicle therefore still remained the property of the judgment debtor in August, 1992 and the decree holder was entitled to have the vehicle attached and sold in execution of the decree issued against the judgment debtor…

…In the result, this appeal is allowed, the judgment and decree of the Resident Magistrate is set aside and substitute therefor an order dismissing the respondent’s claim with costs.…

…Kamaara argued that stay of execution of a money decree is not normally granted. He relied on the case of Kenya Shell Limited vs. Karuga & Another [1982-88] 1 KAR 1018 in support of his argument.…

…NAI 64 of 1992 (unreported) that if the circumstances of the case so demand a stay order can be granted even in respect of money decrees.…

…However, no further information about the progress of the case is available because it is evident from counsel’s submissions that the High Court file has been lost, and we are also informed that the decree, a vital document…

…It is true that the blame for the loss of the file cannot be attributed to the respondent, but he could at least have ensured that the decree was extracted and cooperated in the reconstruction of the file.…

…However, no further information about the progress of the case is available because it is evident from counsel’s submissions that the High Court file has been lost, and we are also informed that the decree, a vital document…

…It is true that the blame for the loss of the file cannot be attributed to the respondent, but he could at least have ensured that the decree was extracted and cooperated in the reconstruction of the file.…

…Mangi v Munyiri & another Court of Appeal, at Nairobi August 1, 1991 Masime, Cockar & Muli JJ A Civil Appeal No 143 of 1990 (Appeal from the Judgment and Decree of the High Court at Nairobi, Mr Justice Shields J, dated 9th…

…This is an appeal from the judgment and decree of the High Court of Kenya (Shields, J) dated the 9th November, 1989, in Nairobi Civil Case No 1414 of 1989.…

…. ….RESPONDENT (Appeal from a judgment and decree of the High Court of Kenya at Mombasa (Wambiliyangah, J.) dated 21st November 1995 IN H.C.C.C. NO. 331 OF 1989) ************************ JUDGMENT OF TUNOI, J.A.…

…Subsequently a decree was drawn up and issued.…

…compromise of suits” the following passage is found:- “It would seem that the proper procedure in cases where forfeiture clause is in the form ... is to enforce the forfeiture not by an application to execute the consent decree…

…No. 17 of 1993) *************** ORDER OF THE COURT The record of appeal does not include a certified copy of decree as is mandatorily required by rule 35(1) (b) of the rules of this court.…

…RESPONDENT (Appeal from the judgment/Decree of the High Court of Kenya (Justice Khamoni) dated 6th August , 1996 in H. C. C. C.…

…Pall) dated 17th October, in CIVIL CASE NO.1804 OF 1985) ***************** RULING OF THE COURT The record of appeal does not include a certified copy of the decree appealed against.…