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…decision of the High Court was struck out by this court on 8th October, 1995, on the ground that the related record of appeal did not, as mandatorily required by the Rules of this court, contain a certified copy of the decree…

…It would I think, if the present advocate of the Applicant, had been the same that had failed to include a certified copy of the decree in the record of appeal in the appeal which had earlier been struck out and also if the…

…RESPONDENTS (Appeal from a Judgment and Decree of the High Court of Kenya at Mombasa (Mr Justice Bosire) dated 17th October, 1989 in HCCC No 172 of 1987) JUDGMENT This appeal was very well argued by counsel on both sides.…

…Finally, I direct that a decree nisi do issue today, and the same to be made absolute within a period of one month from today. Dated at Nairobi this 31st day of October, 2002. JOYCE ALUOCH HIGH COURT JUDGE…

…It is therefore plain beyond argument that there was no concluded agreement both in fact and in law between the appellant and the Porbunderwallas which could be enforced by a decree for specific performance.…

…In the result, I would allow this appeal, set aside the judgment and decree of Mwera J and substitute therefor an order dismissing the respondent’s suit with costs.…

…And sub-section 3 (so far as material) says (3) In the case of an application for an order of certiorari to remove any judgment, order, decree, conviction or other proceeding for the purpose of being quashed leave shall not…

…be granted unless application for it is made not later than six months after the date of that judgment order decree conviction or other proceeding or such shorter period as may be prescribed under any written law.…

…the Civil Procedure Rules, the plaintiff can either take execution (since the appeal intended does not operate as a stay) or if a stay is ordered, the defendant will have to give security for his due performance of the decree…

…............APPLICANT AND RAYMOND BUURI M'RIMBERIA..............................RESPONDENT (Application for extension of time to file Notice of Appeal and Record of Appeal out of time in an intended appeal from Ruling & decree…

…No. 73: Decree given on 14.6.84 and issued on 30.4.85. Doc. No. 74: Settlement, Agreement between the bank and 3rd plaintiff dated 4.1.85. Doc.…

…and that each plaintiff satisfied the decree.…

…Yet the respondent proceeded to execute the decree and physically attach the applicants’ movable goods without complying with the said rule.…

…Thereafter the decree was executed and the respondent obtained his title to parcel No. NG'ONG'/NG'ONG'/15933.…

…Secondly that the decree issued herein on 26th March, 1993 be reviewed on grounds inter alia:- "a.There has been discovery of new and important matters which after exercise of due diligence was not within the plaintiff's…

…............APPLICANT AND RAYMOND BUURI M'RIMBERIA..............................RESPONDENT (Application for extension of time to file Notice of Appeal and Record of Appeal out of time in an intended appeal from Ruling & decree…

…MWICIGI......................RESPONDENT (Appeal from the judgment and decree of the High Court of Kenya at Nairobi (Mr Justice Bhandari) dated 11th February, 1988 in Civil Case No 4060 of 1985 ) JUDGMENT This is an appeal…

…by the defendant (appellant) from the decision of the superior court (late Bhandari, J) whereby he decreed specific performance to the second plaintiff (second respondent) to transfer to him the land known as Land Reference…

…satisfied that substantial loss may result to the applicant unless the order is made and that the application has been made without unreasonable delay and (b) such security as the court orders for the due performance of such decree…

…CIVIL APPEAL 11 OF 1986 LALJI T/A VAKKEP BUILDING CONTRACTORS............APPELLANT VERSUS CAROUSEL LIMITED..................................................................RESPONDENT JUDGMENT (Appeal from a judgment and decree…

…It follows that this appeal succeeds and is allowed and the judgment and decree of the High Court is set aside and we substitute therefor an order refusing the application for summary judgment.…

…Yet the respondent proceeded to execute the decree and physically attach the applicants’ movable goods without complying with the said rule.…

…Finally, by way of other relief, he gave the respondent company leave to execute the decree before taxation of the note of costs.…

…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.…

…Thus, even though she could bring an action before the grant of probate, as her title derived from the will, she could not obtain a decree until probate was granted. In that case no limited grant had been made.…

…the deceased therein, or in any other cause or suit which may be commenced in the same or in any other court between the parties, or any other parties, touching the matters at issue in the cause or suit, and until a final decree…

…NAIROBI (Coram: Nyarangi, Masime & Kwach JJA) CIVIL APPEAL NO 29 OF 1989 ALITALIA AIRLINES ...........................APPELLANT VERSUS SHAKA ZULU ASSEGAI....................RESPONDENT JUDGMENT (Appeal from the judgment/ decree…

…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…