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…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.…

…That since execution was levied the prayer for stay of execution was overtaken by events. 4. That the application was filed before Mr Birech came properly on the record and so the same is incompetent. 5.…

…He said theapplicants have always frustrated execution of the judgment of the ResidentMagistrate, Eldoret and Mead, J's appeal judgment of 1981.…

…He said the present review applicationis part of the continued scheme to frustrate execution of judgments obtained byhis clients over ten years ago.…

…case of AMERICAN LIFE INSURANCE (CO) LIMITED VS DAVID OYATTA NAIROBI HCCC NO. 168 OF 2004 where Visram, J observed: “Order XLI Rule 4(2) sets out conditions which must be fulfilled to entitle one to an order for stay of execution…

…What are the conditions for stay of execution pending appeal? To answer this question, I can do no more than reproduce the contents of Order.…

…case of AMERICAN LIFE INSURANCE (CO) LIMITED VS DAVID OYATTA NAIROBI HCCC NO. 168 OF 2004 where Visram, J observed: “Order XLI Rule 4(2) sets out conditions which must be fulfilled to entitle one to an order for stay of execution…

…What are the conditions for stay of execution pending appeal? To answer this question, I can do no more than reproduce the contents of Order.…

…This is supported by quick action in filing the application to set aside ex-parte judgment on 11th March 1992 as well as an application for stay of execution filed on the same day.…

…On the second ingredient the intention to kill could have been formed in the cause of the execution evidenced by weapons used.…

…There was no common intention formed either before or in the cause of execution of the alleged transaction. 2.…