Case law
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Division and case type: CivilCivil Appeal
…After the judgment of Masime, J delivered on July 21, 1981 Mr Russell successfully applied for a stay of execution pending appeal which was granted on January 14, 1982, after which the present Defendants appear on the scene…
…In the meantime, the interpleader action had been commenced in 1980 and had been decided in July 1981, although execution was stayed on January 14, 1982, so therefore Mr Russell was able to continue to appear as a registered…
Division and case type: CivilCivil Appeal
…The execution of a legal document is a matter of fact. It is either executed or not executed.…
…I would also order that if the suit land has been registered in the name of the respondent in execution of the decree, the Land Registrar, Mombasa, do cancel this registration and reinstate as proprietors all the persons…
Division and case type: CivilCivil Appeal
…required to take, in the following words in the case of a judgment or order requiring a person to abstain from doing an act: “If you, the within named A B disobey this judgment (or order) you will be liable to process of execution…
…In Shah’s case the Court on 23rd May, 1990, granted an interim order staying execution of the order of eviction pending hearing of the application inter partes on Friday 25th May, 1990, at 9.00 am.…
Division and case type: CivilCivil Case
…Execution proceedings followed. He was, forcibly ejected by a court bailiff on 30th May 1991. Subsequently the defendant forced his way back.…
Division and case type: CivilCivil Case
…I allow the application, set aside the ex-parte judgment entered on 25/2/ 88 and the execution thereon.…
Division and case type: CriminalCriminal Case
…On the second ingredient the intention to kill could have been formed in the cause of the execution evidenced by weapons used.…
…There was no common intention formed either before or in the cause of execution of the alleged transaction. 2.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONPetition
…the unique circumstances of each case with regard to the necessity of the party in the determination of the subject matter of the suit, any direct prejudice likely to be suffered by the party and the practicability of the execution…
Division and case type: CivilCivil Appeal
…Prior to the execution of this agreement the respondent had operated the station under a temporary arrangement for 16 ½ months.…
Division and case type: CivilCivil Case
…was sought, the three remaining partners with one Jeremiah Kamau Gitau entered into a sale agreement to sell the said property to the first defendant for Shs 450,000/- of which they were paid a deposit of Shs 45,000/-, on execution…
Division and case type: Milimani Commercial CourtsCivil Case
…apparent on the face of the record as the orders of 12th May 2000 were granted on an application which by law is supposed to be exparte; that the order to request help from the OCPD was proper as his help was needed in an execution…
Division and case type: CivilCivil Appeal
…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 shall be made therein, and carried into complete execution…
Division and case type: CivilCivil Appeal
…We were informed that the superior court has granted an order for stay of execution or further proceedings pending the hearing and determination of this appeal on condition that two cement manufacturing companies earlier…
Division and case type: CivilCivil Appeal
…concerning his claim against the appellant, it was evident that by a copy of a letter addressed to the insured, Pauline W Kimuyu, and dated 10th May, 1990 Messrs Wanjira & Company, Advocates acting on his behalf and in execution…
Division and case type: Milimani Commercial CourtsCivil Case
…It is clear that by the time the lease was registered after execution everything was lawfully complied with:- (1) Mainly on 20.11.2000 – Registration of transfer to the plaintiff; (2) On 18.4.2001 registration of lease for…
…The defendant stated:- “We have no objection subject to and on condition that the parties do execution a replacement lease to be registered simultaneously with the lease.”…
Division and case type: CivilCivil Appeal
…summary and 'Ad hoc' determination of points of law or construction or of certain questions of fact, or for the obtaining of specific directions of the court, such as trustees, administrators, or (as here) the court's own execution…
Division and case type: CriminalCriminal Appeal
…S 72 (1) of the Constitution says:- “No person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases- (a) In execution of the sentence or order of a court ... in respect…
Division and case type: CivilCivil Appeal
…Hetulla Properties Ltd and in the matter of a complaint by Electro Service Equipment Ltd and the Business Premises Rent Tribunal; and (d) As a result of these declarations the order of the resident magistrate, Kitale on execution…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…In execution of the plan to overthrow the Government, the accused on August 1, 1982 unlawfully wore the badges of rank of a Kenya Air Force Captain. 4.…
Division and case type: CivilCivil Appeal
…The respondent, a judge, holding administrative office of Chief Justice while executing his judicial duties in Court or in execution of his administrative duties within the jurisdiction, enjoys absolute privilege from being…
Division and case type: CivilCivil Appeal
…so, when it is borne in mind that the plaintiff itself wrote to Acres on November 25, 1981 that it was the plaintiff’s opinion and observation that Acres were looking for scapegoats to cover up their shortcomings in the execution…