Case law
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Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Suit
…to the 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 was made with the consent of the respondent and George Roine Tito and Daniel Ndichu until the intended appeal had been heard and determined.…
Division and case type: CivilCase number Civil Application
…The plaintiff has not yet executed the judgment and there has been no stay of execution.…
Division and case type: CivilCivil Suit
…First, that there be a stay of execution of the decree of this court and second, that the ex-parte judgment entered herein be set aside.…
Division and case type: CivilCivil Suit
…of the attachment in March, 1992 and in the ordinary course of events and on balance of probabilities, it is this Court’s finding of fact that the objector must have been aware of the attachment and the application for stay…
…of execution made by her husband.…
Division and case type: Milimani Commercial CourtsCivil Case
…on the case of AMERICAN LIFE INSURANCE (CO) LIMITED VS DAVID OYATTA NAIROBI HCCC NO. 168 OF 2004 where Visram, J observed: “Order XLI Rule 4(2) sets out conditions which must be fulfilled to entitle one to an order for stay…
…of execution.…
Division and case type: Milimani Commercial CourtsCivil Case
…on the case of AMERICAN LIFE INSURANCE (CO) LIMITED VS DAVID OYATTA NAIROBI HCCC NO. 168 OF 2004 where Visram, J observed: “Order XLI Rule 4(2) sets out conditions which must be fulfilled to entitle one to an order for stay…
…of execution.…
Division and case type: CivilCivil Appli
…of execution be issuedpending the determination of an intendedappeal staying all proceedings set forthand ordered in the Ruling delivered byHayanga J on 16-9-98."…
…The said decision will be and ishereby cancelled, and the Commission isby Mandamus commanded as above" Where an application is made for stay of execution ofappealable decree or order the Court may order stay onsufficient…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilMiscellaneous Application
…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…
Division and case type: CivilCivil Suit
…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…
Division and case type: CivilCase number Civil Application
…could not 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 and the second by the respondent in connection with the setting aside a consent order which was recorded by O’Connor, J. caused some delay.…
Division and case type: CivilCivil Appeal
…The appellants (tenants) applied to the Business Premises Rent Tribunal on the 8th day of April, 1987, seeking orders to stay the execution of the orders of the Tribunal made on 10th March 1987.…
…I will first deal with the question of the Tribunal in granting an order for staying execution of its own orders on judgments.…
Division and case type: CivilCivil Appeal
…This is supported by quick action in filing the application to set aside ex-parte judgment on 11th March 1992 as well as an application for stay of execution filed on the same day.…
Division and case type: CivilCase number Civil Application
…ASSOCIATES..........................RESPONDENT COST CARE CONSULTANTS.................RESPONDENT KAM CONSULT ......................................RESPONDENT UTMOST CONSULTANTS .....................RESPONDENT (Application for stay…
…of execution in an intended appeal from a ruling of the High Court of Kenya at Mombasa (Mr Justice Wambilyangah) dated 29th July, 1994, in HCCC No 15 of 1994) ************************** RULING OF THE COURT This cause was…
Division and case type: CivilCivil Appeal
…That this court do stay execution of the orders made by the Learned Senior Resident Magistrate, Meru on the 12th of June 1991 in her Civil Case No 14/91. 2.…
…This application was also expressed to be under certificate of urgency and the learned magistrate, having heard the counsel for the defendants, granted the orders sought for stay of execution pending the hearing of that application…
Division and case type: CivilCivil Suit
…There be stay of execution on this sum for 14 days hereof. 3. The balance of the claim of Kshs 23,590,400.00 be determined upon the hearing of the notice of motion dated 4/5/98. 4.…
…That there be a stay of execution of the court’s judgment pending the hearing of this application. 3.…
Division and case type: Constitutional and Human RightsPetition
…The applicant has appealed against that ruling and in the meantime has brought this application dated 3.11.2004 under Order 41 Rule 4 of the Civil Procedure Rules in which the applicant seeks an order of stay of execution…
Division and case type: CivilCivil Case
…I however, order a stay of execution of the said judgment until the defendant’s counter-claim shall have been heard and determined by the Court. I award the costs of the present application to the plaintiff.…