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…The appellant filed an application dated 12 September 2024 seeking an order that the court be pleased to order a stay of execution of the warrants of attachment dated 28 August 2024 of the decree emanating from the judgment…

…The decree was issued for the sum of Ksh.416, 300 on 28 August 2024. Nyamu avers in his affidavit that there is a Memorandum of Appeal filed which demonstrates arguable grounds with a high chance of success.…

…Nai. 322 of 2006 (UR) the court held that an appeal would not be rendered nugatory if the decree is a money decree so long as the court ascertains that the respondent is not a man of straw. 37.…

…the ground that the decree holder is a pauper and will therefore be unable to refund the decretal sum if paid to him …” Determination 40.…

…That the decree issued in her favour remains valid and ought to be satisfied.…

…The claimant had since extracted a decree from the said consent and the decretal sum stood at Kshs. 168,381,028 as at 22 March, 2024. Mr.…

…For determination is a Chamber Summons by the Kenya Universities Staff Union (the Union) seeking orders: (1) … (2) THAT this Honourable Court be pleased to reinstate the Garnishee decree nisi issued on the 28th September…

…2022 for the attachment of the judgments debtors accounts. (3) THAT the garnishees be ordered to appear before this Honourable Court to show cause why it should not pay to the decree holder the funds sufficient to satisfy…

…The motion basically seeks to punish Mr.Newton Njenga and Teddy N Muchiri, the secretary/Chief Executive Officer and Chairperson of the respondent herein for contempt of this court’s Order and Decree of 9th August 2024.…

…, the applicant must first institute Judicial Review proceedings and obtain order of mandamus to compel the officer to comply with the decree.…

…A decree was issued on 24 May 2024. A certificate of costs was issued dated 20 July 2023 for Ksh.88, 800.…

…The learned magistrate in his ruling held that the respondent as the objector had proved on a balance of probabilities that the attached goods legally belonged to them at the time the decree of the court was issued.…

…Nyarangi, Platt & Gachuhi JJA) CIVIL APPEAL NO 16 OF 1985 Between SHIRAKU...................................................................APPELLANT AND COMMERCIAL BANK OF AFRICA.....................RESPONDENT (Appeal from a decree…

….……………………… RESPONDENT (Appeal from judgment and decree of the High Court of Kenya at Mombasa (Lady Justice Ang’awa) dated 23rd May, 1996 IN H.C.C.C.…

…Schofield, J) dated 16th December, 1982) Civil Suit No 65 & 513 of 1978 (Consolidated) _______________ RULING OF THE COURT HANCOX, J A It has been held, repeatedly, by this court that failure to include the formally drawn up decree…

…of the same is dispensed with in the first instance. b) The Honourable court would be pleased to adopt the assessment of the Director of Occupational Health and Safety dated 27th June 2016 as an order of this court. c) A decree…

…What then is the option available to a party in whose favour judgement has been decreed?…

…Urging the court that the decree and orders sought are repetitive while there is no payment is to fail to appreciate the context of the orders sought.…

…The application is supported by the affidavit of Michael Sangoro, the legal manager of the Objector, and because the Decree holder sued the Judgement debtor for breach of the employment contract—judgment and Decree against…

…The Decree holder sought to execute the against the Judgement debtor and obtained the Warrant of attachment and sale on 9 August 2024.…

…It further avers that the award was adopted as a judgment of the court and a decree issued and subsequently a Certificate of order as against government was issued pursuant to Section 21 of the Government Proceedings Act.…

…Despite knowledge of the decree and the Certificate of Order served upon the Respondents, the Respondents did not and have still not settled the decretal sum in the matter. 14.…

…THAT the execution of the Decree herein and specifically the auction vide a Proclamation notice dated 7th October, 2024 be stayed pending the hearing and determination of this application. b.…

…It is further applicant’s case that it became aware of the suit and the judgment on 9th September 2024 when it was served with a letter dated 6th September 2024 enclosing copy of the judgment, Ruling on bill of costs, decree…

…The Applicant is reasonably apprehensive that the Respondent, as a Decree Holder, may proceed to levy execution against them now that the interim 30-day stay period has lapsed.…

…The application was opposed vide the replying affidavit of the Decree-Holder /Respondent sworn on the 5th Day of June 2024.…

…It further avers that the award was adopted as a judgment of the court and a decree issued, and subsequently a Certificate of order as against government was issued pursuant to Section 21 of the Government Proceedings Act…

…Despite knowledge of the decree and the Certificate of Order served upon the Respondents, the Respondents did not and have still not settled the decretal sum in the matter. 14.…

…It further avers that the award was adopted as a judgment of the court and a decree issued, and subsequently a Certificate of order as against government was issued pursuant to Section 21 of the Government Proceedings Act…

…Despite knowledge of the decree and the Certificate of Order served upon the Respondents, the Respondents did not, and have still not settled the decretal sum in the matter. 14.…

…Where the holder of a decree desires to execute it, he shall apply to the court which passed the decree, or, if the decree has been sent under the provisions hereinbefore contained to another court, then to such court or…

…to the proper officer thereof;,,’’ There was no evidence on record of the Court Decree having been extracted for execution to proceed.…

…Owuor v Kenya Medical Research Institute, Malaria and Other Protozol Diseases Research Center Court of Appeal, at Kisumu June 27, 1988 Gachuhi, Apaloo & Masime JJA Civil Appeal No 25 of 1987 (Appeal from a judgment and decree…