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…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…

…RESPONDENT (An Application for stay of execution in an intended appeal from the ruling of the High Court of Kenya at Nairobi (Justice Githinji) dated 19th June, 1997 in H.C.C.C.…

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

…He said the present review applicationis part of the continued scheme to frustrate execution of judgments obtained byhis clients over ten years ago.…

…Advocate Mr Khaminwa for Mrs Otieno then lodged notice of appeal and in addition filed Civil Application No 18 of 1987 for stay of execution pending further order of the Court of Appeal.…

…Thereupon Mr Kwach retorted that “in order to win an Injunction and Stay of execution in the Court of Appeal on the 18.2.87 my learned Friend (Mr Khaminwa) informed the Court from the Bar, that he had a Report from the Pathologist…

…terms of the judgment, and one, Ngong/Ngong/4975, was awarded to the applicant but the respondent and his family are still living on it because by an order of this court in Nairobi Civil Application 42 of 1982 a stay of execution…

…On October 26 1982 the respondent’s advocates filed his application (Nai. 42 of 1982 ) asking for a stay of execution and that was about seven and half months after the date of judgment so there was some delay in making that…

…He drew the attention of the Court to the fact that shortly before the execution of the alleged Will, the appellant had removed the deceased from his mother's house to his own house.…

…On the evidence, we are satisfied that the appellant did not discharge the onus of showing that he did not procure the execution of the alleged Will by unfair means, and the Judge was perfectly right to revoke the grant made…

…In execution of the said judgment the 1st respondent and his family were evicted from the suit premises in early 1980 and in the course their homes were pulled down.…

…On the question of inordinate delay we have earlier given a history of events which tend to show that in 1980 when the 2nd respondent, who first came to learn of the suit, when she was being evicted in consequence of execution…

…The respondent will have his costs for this application which is assessed at 1,500/= to be paid within 7 days of today, in default, execution to issue. Dated and delivered at Nairobi this 8th day of July, 1997. A. M.…

…An order staying the execution of the decree issued by the court on April 7, 1986. 2.…

…Some of his creditors obtained judgment against him and proceeded into execution. His assets were seized under a write of Fifa and were taken over by auctioneers for sale.…

…The Defendant continued to pay the rent at all material times to the Plaintiff, and since the sub-lease contained an express provision that pending execution and registration of the sub-lease the Defendant should be bound…

…He also pointed out that the agreement in question could not have been registered as a sub-lease itself because it did not comply with the requirements as to execution under section 58(4) of the Registration of Titles Act…

…Ransley on the 19th November, 1986 and filed herein on that date it is deponed in paragraphs 3, 4 and 5 as follows- “That I spoke to Alnoor Kassam the Managing Director of the Diners Club for whom we also acted prior to the execution…

…The members register had however been completed pursuant to the preparation and execution of share transfers in respect of the majority of the shares. The shares therefore appeared to be property of Xzit Ltd.…

…and 4 of her said affidavit the respondent states that the appellant agreed to sell to her the suit property at a price of K.Shs.3,500,000/= 10% of which sum was to be paid as deposit in two stages; Shs.100,000/= upon the execution…

…ordered by the court on 11.12.2013, the respondent Kerio Valley Development Authority to deposit the sum of Kshs.875,996.00 in an interest earning account in the names of the parties’ Advocates by 11.01.2014 and in default, execution…

…That part of the application which is to set aside the stay of execution granted by Nyarangi, J, on July 23, 1980 is incompetent, but it matters not, because the stay was granted pending the disposal of the appeal which is…

…That part of the application which is to set aside the stay of execution granted by Nyarangi, J, on July 23, 1980 is incompetent, but it matters not, because the stay was granted pending the disposal of the appeal which is…

…We also discharge and revoke the stay of execution granted by this Court pending the hearing and determination of the appeal. Dated and delivered at Nairobi this 13th day of July , 1988 F.K.…

…We also discharge and revoke the stay of execution granted by this Court pending the hearing and determination of the appeal. Dated and delivered at Nairobi this 13th day of July , 1988 F.K.…

…proceed with the appeal because there was delay in furnishing him with certified copies of the proceedings and judgment and also that the two interlocutory applications, the first on behalf of the applicant for a stay of execution…

…The order for accelerated execution of the decree was not asked for and the appellant had no opportunity to oppose it and, with respect, it should not have been made. It must be set aside.…

…These orders for interest and execution before taxation apart, the learned judge, in my view, reached the right conclusion and the appeal should be dismissed with costs.…