Case law
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Division and case type: CivilMiscellaneous Application
…Batholomew Muyale filed a Notice of Motion before this court for stay of execution against the order of the High Court (Aganyanya J) dated April 15, 1985 dismissing his application for stay of execution.…
…Since then, the applicant has made several applications to the High Court for stay of execution and for setting aside the said order without success.…
Division and case type: CivilCivil Appeal
…This appeal is on computation of the figures in the process from the time of filing suit sailing through to execution. The appellant has not understood these figures.…
…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.…
Division and case type: CivilCivil Suit
…Batholomew Muyale filed a Notice of Motion before this court for stay of execution against the order of the High Court (Aganyanya J) dated April 15, 1985 dismissing his application for stay of execution.…
…Since then, the applicant has made several applications to the High Court for stay of execution and for setting aside the said order without success.…
Division and case type: CivilCivil Case
…If an Executive Officer of the Court or any other person like a Court Broker who is bound to execute the lawful warrants, orders or other process of the judge, does such execution in a situation where the Judge acted without…
…Negligence cannot be said by any stretch of imagination to be the responsibility of a judicial nature or responsibility had in connection with the execution of judicial process.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: CivilCivil Appeal
…Similarly, in the case of an enactment that an act must be done within 21 days after the execution, the day of execution is to be excluded (see William vs.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…Upon execution of the agreement, the appellant handed in cheque No 302875 for KShs 200,000 dated March 1, 1987.…
…Sections 109 and 110 of the Act respectively provides for the execution of these instruments and verication of their execution.…
Division and case type: CivilMiscellaneous Application
…A judge can under the Rules of court grant a stay of execution pending an appeal.…
…An unsatisfied judgment against it exposes it to execution or winding up proceedings which falls foul of another one (clause 11 (a). It did not have the money ready to be paid.…
Division and case type: CivilCivil Suit
…A judge can under the Rules of court grant a stay of execution pending an appeal.…
…An unsatisfied judgment against it exposes it to execution or winding up proceedings which falls foul of another one (clause 11 (a). It did not have the money ready to be paid.…
Division and case type: CriminalCriminal Case
…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.…
Division and case type: CivilCivil Case
…their Chamber Summons dated 20th June, 1989 and filed in court on 30th June, 1989 for several orders, namely, that the judgment entered against them ex parte on the 16th February, 1988 be set aside, that there be a stay of execution…