Case law
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Division and case type: CivilCivil Appeal
….………….RESPONDENT (Appeal from a decree of the High Court of Kenya a MERU (Justice Ong’udi C.O) dated 19th October, 1995 IN H.C.C.A.…
Division and case type: CivilCivil Appeal
…Judgment having been entered and before execution, a decree has to be issued. Execution is therefore based on the decree. It is the amount in the decree that should be considered as correct for the purpose of execution.…
…The appellant should attack the decree and not the figure he considers the judgment was entered for. I have been in pains to go through the original record to see ……. a mistake in entering judgment.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…has power under section 79B of the Civil Procedure Act, to peruse the record of an appeal presented to it before the appeal is heard, and if the judge ‘considers that there is no sufficient ground for interfering with the decree…
…Section 79B of the Civil Procedure Act empowers the High Court summarily to dismiss an appeal where the judge considers that there is no sufficient ground for interfering with the decree appealed from.…
Division and case type: CivilCivil Appeal
…The land had been sub-divided by then with the consent of the Land Control Board because the decree had been executed. Nduhiu complained he had lost all his land without being heard.…
…He asked for orders that Mr Justice J S Patel’s ruling and orders be set aside, the ex-parte judgment of June 11, 1979 and its decree be set aside, Nduhiu be given leave to file a reply to the counterclaim and the suit be…
Division and case type: GeneralUnclassified
…RESPONDENT (Appeal from a Judgment and decree of the High Court of Kenya at Meru (Justice S.O. Oguk) dated 12th July, 1990 in H.C.C.…
Division and case type: CivilMiscellaneous Application
…thirty days for filing an appeal from a Subordinate Court:- “excluding from such period any time which the lower Court may certify as having been Requisite for the preparation and delivery to the appellant of the copy of the decree…
Division and case type: CivilCivil Suit
…the respondents, as a result of the sale by the Bank, became the owners of, and acquired a valid title to, the land at Kabras/Bukusu/852, the initial action for eviction was brought in respect of Kabras/Bukusu/952 and the decree…
Division and case type: CivilCivil Appeal
…170 OF 1986 BETWEEN OKONG’O...........................................................................APPELLANT AND ATTORNEY-GENERAL & ANOTHER..............................RESPONDENT JUDGMENT (Appeal from the Judgment and Decree…
Division and case type: CivilMiscellaneous Application
…the respondents, as a result of the sale by the Bank, became the owners of, and acquired a valid title to, the land at Kabras/Bukusu/852, the initial action for eviction was brought in respect of Kabras/Bukusu/952 and the decree…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…APPELLANT AND AINEA FITA ................................................................................... 1ST RESPONDENT AYUB WASIKE & ANOTHER & ANOTHER ........................... 2ND RESPONDENT (Appeal from a Judgment and Decree…