Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CivilCivil Case
…On October 2, 1984 the decree-holders advocates by letter to the deputy registrar requested that this case be mentioned to consider the position of the execution ordered. A mentions date was taken for November 11, 1984.…
…emanating from various ends there was an excess payment of Kshs 54,535.55 not accounted for and which ought to be refunded to him; Mr Simba annexed to his letter certain vouchers the effect of which are that the counsel for the decree…
Division and case type: High Court Commercial and TaxCommercial Matters
…The decree-holder averred that it is only just and fair for this Court to grant the orders sought herein so as to realize execution of the decree in favour of the decree-holder. 13.…
…The decree-holder further stated that Mr.…
Division and case type: High Court Commercial and TaxCommercial Matters
…Holder (“Decree Holder’s application”). 2.…
…Decree-Holder’s Application 7. The Decree-Holder also filed an application dated 20.02.2024 seeking the following orders; - i. Spent ii. Spent iii.…
Division and case type: High Court Commercial and TaxCommercial Appeal
…The decree holder filed return of service on 24.4.2026 as directed by the court on 23.4.2026. 7.…
…The decree holder cited K. G.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The decree holder seeks a garnishee order absolute against the garnishee regarding account Nos. 1107086183 and 1116027593 held by the decree holder at the garnshee’s Moi Avenue Branch, ordering all the monies held to the…
…The decree holder filed its party and party bill of costs which was taxed and certified at Ksh.1,700,000/-. 14.…
Division and case type: High Court Commercial and TaxCommercial Matters
…Decree holder’s submissions 14. The decree holder filed written submissions dated 18.11.2025. It submitted that Order 22 Rule 48 (1) does not bar an attachment of an immovable property which is charged or mortgaged. 15.…
…The decree holder challenged the objector’s election to seek permanent reliefs yet it is a chargee.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…In enforcement of the decree, the decree holder filed garnishee proceedings by the application dated 26th June 2022.…
…debt, interest, and costs owed to the decree holder.…
Division and case type: High Court CivilCivil Suit
…In opposition, Ms Onyango for the Decree Holders argued that the Applicant sued and obtained judgment against the Decree Holders which was reduced on appeal after payment had been made; that the Decree Holders filed for refund…
…He must have a plan that can be tabled before the decree holders for discussion. The Decree holders are validly pursuing recovery of the funds due to them.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…The decree holder further complained that neither serial numbers nor ownership documents are attached. 10. The decree holder urged that the court allows him to proceed with attachment and execution of the decree.…
…He indicated that the objector and the decree holder could sell it and split the proceeds. 12.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The costs awarded to the Decree Holder were subsequently taxed at Kshs.371,095/=.…
…However, the Decree Holder has not made out a case for the grant of the orders for consolidation.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The costs awarded to the Decree Holder were subsequently taxed at Kshs.371,095/=.…
…However, the Decree Holder has not made out a case for the grant of the orders for consolidation.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The grounds are that the Court is biased against the decree holder and/or has a predisposition against the decree holder and/or has been corrupted by the judgment debtor and/or is incompetent; that on 28th March 2023, Rameshchandra…
…The key depositions are that the decree holder’s director, Mr.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The Decree Holder also opposed the objection application by way of the Replying Affidavit sworn by Muslim Jaffer on 19th August 2026.…
…Those modes of execution presume that the decree-holder already knows what the judgment-debtor owns and where it is held.…
Division and case type: High Court CivilCivil Suit
…done by the Decree Holder on behalf of the Judgment Debtor.…
…The Decree Holder has therefore urged that the Application be allowed as prayed.…
Division and case type: High Court Commercial and TaxCommercial Matters
…This Court is called upon to determine the application dated 31st October 2024, filed by the decree holder.…
…The decree holder stresses that the judgment debtor does not dispute its indebtedness and has shown no intention or effort to settle the decretal sum.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…The Decree Holder counters that this is a money decree, and substantial loss in such cases is primarily established by showing that the decree-holder would be unable to refund the decretal sum if the appeal succeeds.…
…The Decree Holder argues that to do so would be to impermissibly enforce a decree from a different suit. 26.…
Division and case type: High Court Commercial and TaxCommercial Matters
…Decree holder’s submissions 33. The Decree Holder begins by outlining the background of the dispute.…
…In conclusion, the Decree Holder submits that the present Application is part of a long running scheme intended to deny the Decree Holder the fruits of its judgment.…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…The judgment debtors asserted that the decree holder would not suffer any prejudice if the present application is allowed.…
…With the above in mind, I have considered the grounds raised by the judgment debtors and the grounds of opposition by the decree holder. 35.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…The main ground is that the decree holder is worried that the judge could only be concerned with the judgment debtor’s sentiments and not the decree holder’s accrued rights. 4.…
…The decree holder stated that on 28th May 2025, the judge issued orders on a non-existent application and has ordered the decree holder to respond.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…In opposition to the present application, the decree holder filed grounds of opposition dated 2nd April 2025. 7.…
…The decree holder urged the court to dismiss the objectors’ application with costs for being misconceived and lacking merit. 11.…