Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CivilCivil Case
…RESPONDENT RULING This is an application for stay of execution pending the hearing and determination of an intended appeal. It is made under O XLI rule 4 of the Civil Procedure Rules.…
…By virtue of the provision of o 41 rule 4 (2) of the Civil Procedure Rules – “No order for stay of execution shall be made under sub rule (1) unless – (a) the Court is satisfied that substantial loss may result to the applicant…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…Execution followed and the Appellant's properties were attached. But a stay of execution was granted and it remains in force with the attached goods stored by the auctioneer.…
…Mulwa was not holding a current practising certificate when the lower court concluded the proceedings on or about 28th June, 1995 and thereafter ordered execution. Mr.…
Division and case type: CivilCivil Case
…DEFENDANT R U L I N G Under O.38 r 5 of the Civil Procedure Rules this court may at any stage of proceedings upon being satisfied either by Affidavit or otherwise that the defendant with intent to obstruct or delay the execution…
…To satisfy the court that the defendant intends to remove his property from the jurisdiction o this court with the only intention of defeating execution of any decree that may be passed against him.…
Division and case type: CivilCivil Appeal
…Execution followed and the Appellant's properties were attached. But a stay of execution was granted and it remains in force with the attached goods stored by the auctioneer.…
…Mulwa was not holding a current practising certificate when the lower court concluded the proceedings on or about 28th June, 1995 and thereafter ordered execution. Mr.…
Division and case type: CivilCivil Appli
…The further reasons contained in the affidavit are two and they are:- Para 5:- THAT I further believe that the appeal may be rendered nugatory unless the execution of the order is stayed.…
…The application comeslate because in execution of that same order of mandamus the 17.…
Division and case type: CivilCase number Civil Application
….......................RESPONDENT COST CARE CONSULTANTS.................RESPONDENT KAM CONSULT ......................................RESPONDENT UTMOST CONSULTANTS .....................RESPONDENT (Application for stay of execution…
…Accordingly, the application is allowed and the execution of the judgment and decree of Wambilyangah, J is hereby stayed pending the hearing and final determination of the intended appeal or further order on terms that the…
Division and case type: CivilCivil Suit
…First, that there be a stay of execution of the decree of this court and second, that the ex-parte judgment entered herein be set aside.…
…This application was not brought until the 3rd August 2005 after execution had issued.…
Division and case type: CivilCivil Suit
…It is only when he was threatened with execution after taxation that he saw it fit to file this application. The applicant knew that a threat of execution was looming but decided to ignore.…
Division and case type: CivilCivil Appeal
…The said costs to be paid within 14 days from to-day failing which execution to issue. 5. This appeal to be listed for hearing during the next session in Mombasa.…
Division and case type: CivilCivil Appeal
…The said costs to be paid within 14 days from to-day failing which execution to issue. 5. This appeal to be listed for hearing during the next session in Mombasa.…
Division and case type: CivilCivil Suit
…The Advocate who is alleged to have misled the Defendant has deponed that there was no communication between him and the Defendant until after the Defendant’s goods where attached in execution of the ex parte decree.…
Division and case type: CivilCivil Suit
….……….APPLICANT VERSUS KENYA NATIONAL TRADING CORPORATION ….RESPONDENT COMBINED WAREHOUSE/ALLIED WHARFAGE….RESPONDENT RULING This is an application for stay of the execution of the Ruling of this court dated the 16th of June…
Division and case type: CivilCivil Suit
….……….APPLICANT VERSUS KENYA NATIONAL TRADING CORPORATION ….RESPONDENT COMBINED WAREHOUSE/ALLIED WHARFAGE….RESPONDENT RULING This is an application for stay of the execution of the Ruling of this court dated the 16th of June…
Division and case type: CivilCivil Case
…that the judge was entitled to enter judgment in favour of the plaintiffs, but erred in ordering the defendant to provide a deposit of a sum of Shs 25,000/-; the defendant was given liberty to file a counter claim and the execution…
…I however, order a stay of execution of the said judgment until the defendant’s counter-claim shall have been heard and determined by the Court. I award the costs of the present application to the plaintiff.…
Division and case type: CriminalCriminal Case
…ordered by the court on 11.12.2013, the respondent Kerio Valley Development Authority to deposit the sum of Kshs.875,996.00 in an interest earning account in the names of the parties’ Advocates by 11.01.2014 and in default, execution…
Division and case type: CivilCivil Case
…This is also shown in a document made out by the court broker who failed to levy the execution in one of the decrees which I have refered to above.…
Division and case type: CivilCivil Case
…Secondly, that there be a stay of the intended execution of the decree in this suit until further order of this court. Thirdly, that provision be made for the costs of the application.…
Division and case type: CivilCivil Appeal
…Of this amount a sum of Sh.700,000/= was paid upon the execution of the agreement and the balance was payable in two instalments of Sh.200,000/= and Sh.100,000/= on dates therein stated. The first instalment was paid.…
Division and case type: CivilCivil Appeal
…This court is not minded to think that any section of the Kitui Muslims stands to be prejudiced by the execution of this award. It should be used as the basis it was meant to be.…