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…No. 322 of 2006 (UR 178/06), the Court of Appeal held as follows- “The decree is a money decree and normally the courts have felt that the success of the appeal would not be rendered nugatory if the decree is a money decree…

…is a money decree”. 20.…

…The Rule provides as follows: "Where a decree is for the payment of money, the decree holder may apply for an order that:- a. the judgment debtor; b. in case of a corporation, any officer thereof; or c. any person, be orally…

…examined as to whether any or what debts are owing to the judgment debtor, and whether the decree holder has any and what property or means of satisfying the decree, and the Court may make an order for the attendance and…

…The application was opposed by the Claimant/decree holder, and upon considering the same, the Court dismissed the said application vide a Ruling delivered herein on 8/12/2022. 2.…

…The application is opposed by the Claimant/decree holder vide his replying affidavit sworn on 21/11/2023.…

…court during the inter partes hearing of the application and on failing to appear warrants of arrest be issued for the arrest and detention and committal to civil jail for a period of six months for failing to honour the decree…

…The Respondent averred that the loan from Maisha Bora was taken sometime in October,2019 way before this claim was filed hence it could not be intended to defeat the decree herein.…

…APPELLANT AND MEA LIMITED ........................................RESPONDENT (An application for stay of execution of the order and decree pending the lodging and hearing of an intended appeal from the ruling and order of…

…In the process of executing the decree issued in its favour, the respondent not only attached the goods lying in the applicant’s business premises but also locked up the premises.The result is that the applicant cannot trade…

…After judgment was entered in Nyeri ELRC No.E001 of 2023, he notified the respondent but it declined to settle the decree.…

…Therefore, he urged the court to compel the respondent to settle the decree and award the orders sought in the plaint. 8.…

…That the decree issued in her favour remains valid and ought to be satisfied.…

…The claimant had since extracted a decree from the said consent and the decretal sum stood at Kshs. 168,381,028 as at 22 March, 2024. Mr.…

…According to Counsel, no judicial review application for mandamus post judgment has been filed by the decree holders against the judgment debtor.…

…No order of mandamus as against the respondent has been obtained by the applicant in order to enforce the decree against the respondent through its officers.…

…The Applicant is seeking for orders to enlarge time within which the Applicant is to file a Memorandum of Appeal and order of stay of execution of Decree from the Judgment and Decree issued by Hon.…

…The Respondent averred that a certified copy of the Decree was issued on 25th May,2023 and his advocates wrote a letter to the Applicant’s Advocates requesting for the decretal sum to be paid which letter was received on…

…On 3 February 2025, a decree was issued for Ksh. 561,000 plus costs at Ksh. 156,791. The respondent paid Ksh. 127,037 through a cheque dated 13 February 2025, leaving a balance of Ksh. 549,053.…

…E002 of 2023, where the court awarded costs that were taxed and have been offset from the decree herein. The claimant has failed to render an account of the matter from the decree of Ksh. 676, 090 less Ksh.549 053.…

…He averred that the execution of the Decree would not render the appeal nugatory.…

…That the applicant had not demonstrated a willingness to furnish security for the performance of the Decree.…

…The Applicant further relied on the decision on Housing Finance Company of Kenya v Sharok Kher Mohammed Ali Hirji and Another [2015] eKLR where the court stated: “The decree is a money decree and normally the courts have…

…felt that the success of the appeal would not be rendered nugatory if the decree is a money decree so long as the court ascertains that the respondent is not a “man of straw” but is a person who, on the success of the appeal…

…under Under sections 1A, 1B, 3A of the Civil Procedure Act, Order 22 Rule 22, Order 42 rule 6, Order 1 of the Civil Procedure Rules, 2010 seeking for Orders of stay of execution of Judgment given on 10th December 2021 and decree…

…The Respondent averred that the Decree in this matter was issued on 22nd February,2022 and the Claimant/ Decree holder is about to execute the decree.…

…(Annexed herewith and marked “SK1” is a copy of the decree.…

…of satisfying a decree issued by the Court.…

…The court be pleased to issue orders setting aside the decree and orders of this court issued on 16 August 2024 and orders issued on 11 July 2024. Costs of this application be awarded to the applicant.…

…On 23 September 2024, the 2nd respondent took possession of motor vehicle registration KBU 393Q the property of the applicant and sought payment of a decree issued on 2 August 2024.…

…CIVIL APPEAL NO. 34 OF 1996 BETWEEN BONIFACE MUSYOKA NDOLO..........................................APPELLANT AND PAULINE KATONGE MUSAU…………….........................SPONDENT (Appeal from the Judgment and Decree of the High…

…In the result, the appeal is allowed to the extent that the decree issued by the superior court is varied by reducing the same by a sum of Shs. 600,000/=.…

…In the submissions, the Respondents cited Order 22 Rule 49 of the Civil Procedure Rules to urge that the Court had the discretion to remove the warrants since the decree had been fully settled. 5.…

…Nine, the Respondents have not fully settled the decree. 22. Ten, the interdict against execution given by the Court has been secured by the monies deposited in Court by the Respondents. Orders 23.…

…CIVIL APPEAL NO. 34 OF 1996 BETWEEN BONIFACE MUSYOKA NDOLO..........................................APPELLANT AND PAULINE KATONGE MUSAU…………….........................SPONDENT (Appeal from the Judgment and Decree of the High…

…In the result, the appeal is allowed to the extent that the decree issued by the superior court is varied by reducing the same by a sum of Shs. 600,000/=.…

…In the replying affidavit the Claimant deposes that the application is an afterthought and was only filed after he proclaimed in execution of the decree herein.…

…This being a money decree, the Applicant cannot plead substantial loss unless he can demonstrate that he would be unable to recover the decretal sum should his appeal succeed.…