Case law
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Division and case type: CivilCase number Civil Application
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: Milimani Commercial CourtsCivil Case
…An order staying the execution of the decree issued by the court on April 7, 1986. 2.…
Division and case type: Constitutional and Human RightsPetition
…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.…
Division and case type: CivilCivil Appeal
…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.…
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 Appeal
…He applied for execution of his decree and the Bungoma court broker attached and sold eleven cattle belonging to Wamunyama.…
…The issues in a second appeal in the circumstances of the Wamunyama Nabiriki troubles, might be whether an action for damages for wrongful seizure and sale of eleven animals by a court broker in purported execution of a judgment…
Division and case type: CivilCivil Suit
…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…
Division and case type: CivilCivil Appeal
…The said costs to be paid within 14 days from to-day failing which execution to issue. 5. This appeal to be listed for hearing during the next session in Mombasa.…
Division and case type: CivilCivil Suit
…The Advocate who is alleged to have misled the Defendant has deponed that there was no communication between him and the Defendant until after the Defendant’s goods where attached in execution of the ex parte decree.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…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…
Division and case type: Milimani Commercial CourtsCivil Case
…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…
Division and case type: Constitutional and Human RightsConstitutional Petition
…several years but lady Mercy will smile in the pendency of execution to have him serve life imprisonment.…
…It appears the long wait on death row without execution order persuaded the executive to commute such sentences.…
Division and case type: CriminalCriminal Case
…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…
Division and case type: Milimani Commercial CourtsCivil Case
…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…
…What are the conditions for stay of execution pending appeal? To answer this question, I can do no more than reproduce the contents of Order.…
Division and case type: Milimani Commercial CourtsCivil Case
…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…
…What are the conditions for stay of execution pending appeal? To answer this question, I can do no more than reproduce the contents of Order.…
Division and case type: CivilCivil Suit
….……….APPLICANT VERSUS KENYA NATIONAL TRADING CORPORATION ….RESPONDENT COMBINED WAREHOUSE/ALLIED WHARFAGE….RESPONDENT RULING This is an application for stay of the execution of the Ruling of this court dated the 16th of June…
Division and case type: CivilCivil Suit
….……….APPLICANT VERSUS KENYA NATIONAL TRADING CORPORATION ….RESPONDENT COMBINED WAREHOUSE/ALLIED WHARFAGE….RESPONDENT RULING This is an application for stay of the execution of the Ruling of this court dated the 16th of June…
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.…