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…After all the foregoing this court deems it fair to confirm an order of stay in the execution of the decree arising from the lower Court's order of 28th June, 1995.…

…Order XLI Rule 4(i) requires that such applications ought to be made in the first instance to the court (underlining mine) from whose decree or order the appeal is taken.…

…Also that it was an error of law for the judge to agree with the magistrate’s decision not to decree specific performance having found that there was part performance.…

…After all the foregoing this court deems it fair to confirm an order of stay in the execution of the decree arising from the lower Court's order of 28th June, 1995.…

…my part I consider that it is actionable to set in motion a process of attachment (even though it is seizure under the provisions of a loan agreement and not under an execution warrant issued as a result of an order or a decree…

…Paragraph 2 describes the Defendant as a company limited by decree.…

…For all these reasons, we would allow this appeal, set aside the judgment and decree of the High Court and substitute therefor an order dismissing the plaintiff's suit with no order as to costs.…

…Suit No. 1754 of 2000) ************************ JUDGMENT OF THE COURT The appeal and the cross-appeal before the Court arise from the judgment and decree of Ang'awa, J dated the 23rd January, 2002.…

…Paragraph 2 describes the Defendant as a company limited by decree.…

…ATTORNEY GENERAL.............................................3RD RESPONDENT (An appeal from decree and orders of the High Court of Kenya at Nairobi (Hon Lady Justice Owuor) dated 11th August, 1993 in HCCC No 5747 of 1991…

…The extracted decree is in the same terms. The hearing before this Court, is the appeal by the appellant against the judgment of the learned judge of the High Court.…

…RESPONDENT (Appeal from a judgment and decree of the High Court of Kenya at Nairobi (Justice Shields) dated 29th November 1989 in HCCC Suit No 1514 of 1985) A Court may determine an issue that was not expressly pleaded or…

…A decree was drawn and signed by the Deputy Registrar and Execution process set in motion. There were attachments made in the execution of the decree in part.…

…Contracts relating to land differ greatly from contracts respecting most goods because the land may have a peculiar value to the purchaser where conditions are satisfied - the court will therefore almost invariably decree…

…I would therefore allow the appeal and set aside the order and decree of the High Court.…

…I would dismiss the appeal with costs but first amend the decree of the High Court by limiting the order for costs to one advocate only.…

…For these reasons I would set aside the decree of the High Court and substitute therefore a declaration that there was a presumption in favour of Mary Njoki that she was the deceased’s wife and entitled to share in his estate…

…the beginning of the cohabitation because the parties went through a form of marriage in a church when the husband could not do so lawfully and so could not consent to the second one, since the time for appealing from his decree…

…(c) that no decree of divorce has been made. (d) that the objector is entitled to inherit the estate of the deceased with her children in equal shares with the petitioner herein.…

…APPELLANT AND AINEA FITA ................................................................................... 1ST RESPONDENT AYUB WASIKE & ANOTHER & ANOTHER ........................... 2ND RESPONDENT (Appeal from a Judgment and Decree…