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…DEBTOR RULING This is an application by the objector to the attachment of motor vehicle KXK 245 in execution of the decree in this suit. The application is brought under order XXI r 56 of the Civil Procedure Code.…

…The issue I have to determine is whether the motor vehicle should remain attached in execution of the decree.…

…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.…

…In the meantime on November 19, 1984 the really outstanding judgment debtor C S Mwangi Simba wrote to the court complaining that as a result of the execution orders made and payments emanating from various ends there was…

…................................PLAINTIFF V E R S U S TWIGA CHEMICALS INDUSTRIES LTD...............DEFENDANT R U L I N G On 3rd October, 2008 the court (Waweru, J) conditionally allowed an application herein for stay of execution…

…In default the stay of execution granted on 3rd October, 2008 shall lapse, and the Decree-Holder shall be at liberty to execute the decree. Those shall be the orders of the court.…

…................................PLAINTIFF V E R S U S TWIGA CHEMICALS INDUSTRIES LTD...............DEFENDANT R U L I N G On 3rd October, 2008 the court (Waweru, J) conditionally allowed an application herein for stay of execution…

…In default the stay of execution granted on 3rd October, 2008 shall lapse, and the Decree-Holder shall be at liberty to execute the decree. Those shall be the orders of the court.…

…PLAINTIFF VERSUS MATHEW JOSEPH OGUTU................................................................RESPONDENT RULING By her application dated 19th January, 1994 the second defendant applies for three orders namely that execution…

…All execution proceedings against the second are also set aside. The second defendant will file her appearance and defence, both, within the next 15 days.…

….……....RESPONDENT RULING The Memorandum of appeal was filed on 21st October, 2009 simultaneously with application for stay of execution.…

…...................................................................DEFENDANT R U L I N G This is an application by Notice of Motion under order 41 Rule 4 of the Civil Procedure Rules for an order that there be a stay of execution…

…The appellant has faulted the process of obtaining the warrants of attachment of moveable property in execution of decree for money and warrants of sale of property in execution of decree for money issued on the 11 th of…

…This court notes that a decree is the foundation of execution. Under Section 38 of the Civil procedure Act and Order 22 of the Civil Procedure Rules, execution can only issue upon a valid decree.…

…The application coming up for determination is a notice of motion dated 27th March, 2025 seeking the following orders; (i) Spent (ii) Spent (iii) THAT there be an order for stay of execution of the execution Judgement and…

…stay of execution granted by the trial court.…

…execution was more than sufficient to satisfy the decretal amount.…

…The applicants submitted that they will suffer substantial loss if the respondent is allowed to levy further execution before the issue of whether or not the decretal sum was fully settled by the initial execution levied…

…The thrust of the opposition to the application is that at the time execution was effected by the Applicant, the court had issued an order staying execution. 2.…

…that it illegally commenced the execution process against the Respondent.…

…On the issue of execution, the Objector submits that execution had not been completed because the assets had only been proclaimed and had not been sold.…

…Ltd [1983] eKLR, it argues that a crystallized debenture holder retains priority over an execution creditor until execution is completed by sale.…

…The manner of execution of decrees against the government was discussed in Republic vs.…

…This is so because execution is a lawful process.…

…THAT this honourable court be pleased to grant an order of stay of execution of the Ruling and Certificate of Costs herein pending hearing and determination of this Application. 3.…

…THAT this honourable court be pleased to grant an order of stay of execution of the Ruling and Certificate of Costs herein pending hearing and determination of Migori High Court Appeal No.…

…THAT this honourable court be pleased to grant an order of stay of execution of the Ruling and Certificate of Costs herein pending hearing and determination of this Application. 3.…

…THAT this honourable court be pleased to grant an order of stay of execution of the Ruling and Certificate of Costs herein pending hearing and determination of Migori High Court Appeal No.…

…THAT this honourable court be pleased to grant an order of stay of execution of the Ruling and Certificate of Costs herein pending hearing and determination of this Application. 3.…

…THAT this honourable court be pleased to grant an order of stay of execution of the Ruling and Certificate of Costs herein pending hearing and determination of Migori High Court Appeal No.…

…The Applicant's challenge to the execution process ought to have been filed in the lower court, which is the court that issued the warrants and is supervising the execution. 28.…

…The proper forum for challenging the execution process is the court that issued the warrants and is overseeing the execution. 29.…

…RULING Stay of execution pending appeal 1.…

…A preliminary question is whether the issue of stay of execution is res judicata. 23.…

…He stated that the request for valuation is not an execution order but a necessary step for continued execution, as prior attempts failed.…

…not be executed should first be issued against the person whom execution is applied.…