Case law
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Division and case type: GeneralUnclassified
…APPELLANT AND MEA LIMITED ........................................RESPONDENT (An application for stay of execution of the order and decree pending the lodging and hearing of an intended appeal from the ruling and order of…
…NO. 474 OF 1997) *************** RULING OF THE COURT This is an application under rule 5 (2)(b) of the Court of Appeal Rules for a stay of execution of the ruling and order of Rimita J given on 17th March, 1999.…
Division and case type: CivilCivil Appeal
….……………..APPLICANT AND MAINA MUCHIRI GILBERT ROAD PROPERTIES LIMITED……………..RESPONDENTS (Application for a stay of execution of the judgment of the High Court of Kenya at Nairobi (Mr.…
….)) ************ RULING OF THE COURT This is an application under rule 5(2)(b) of the Court of Appeal Rules brought by Mwanzi Road Properties Ltd (the applicant) for a stay of execution of the judgment and order of the superior…
Division and case type: CivilCivil Appeal
….…………..RESPONDENT (Application for stay of execution pending an appeal in the High Court at Nairobi, Bosire J) JUDGMENT In form this is an application for an interlocutory injunction under Rule 5(2) (b) of the Rules of the…
Division and case type: CivilMiscellaneous Civil Application
…APPELLANT AND ANJERE..............................................................RESPONDENT (Application for a stay of execution in an intended appeal from an order of the High Court at Nairobi, Amin J) RULING July 6, 1988…
…It is against this High Court Order that the application is made for stay of execution pending the hearing of the intended appeal. There has been an unexplained delay in the matter.…
Division and case type: GeneralUnclassified
…APPELLANT AND MEA LIMITED ........................................RESPONDENT (An application for stay of execution of the order and decree pending the lodging and hearing of an intended appeal from the ruling and order of…
…NO. 474 OF 1997) *************** RULING OF THE COURT This is an application under rule 5 (2)(b) of the Court of Appeal Rules for a stay of execution of the ruling and order of Rimita J given on 17th March, 1999.…
Division and case type: FamilySuccession Cause
…................................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.…
Division and case type: CivilMiscellaneous Application
…In the matter of an intended appeal) BETWEEN KENYA CASEMENTS LIMITED…………………………………………........................APPLICANT AND IDEAL CASEMENTS LIMITED………………………………………..........................RESPONDENT (Appliation for stay of execution…
…1983 in High Court Civil Case No 2719 of 1983 (O.S RULING During the course of this application by the Respondent to the Originating Summons, which came before the High Court in July and November last year, to stay the execution…
Division and case type: Environment and LandLand Case
…DEVELOPMENT CORPORATION.....................................................APPLICANT AND DABER ENTERPRISES LIMITED...................................................................RESPONDENT (An application for a stay of execution…
…Kamaara argued that stay of execution of a money decree is not normally granted. He relied on the case of Kenya Shell Limited vs. Karuga & Another [1982-88] 1 KAR 1018 in support of his argument.…
Division and case type: Environment and LandLand Case
….…………..RESPONDENT (Application for stay of execution pending an appeal in the High Court at Nairobi, Bosire J) JUDGMENT In form this is an application for an interlocutory injunction under Rule 5(2) (b) of the Rules of the…
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.…
…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…
Division and case type: CivilCivil Appeal
…APPELLANT AND WARUGONGO....................................................RESPONDENT (Application for stay of execution pending appeal from a judgment of the High Court at Mombasa, Bosire J) RULING February 17, 1988, Platt…
…On January 29, 1988, at Mombasa, the court decided to grant a stay of execution upon terms that the respondent pay Kshs 100,000 to the widow (on certain terms as to disbursement amongst the widow and her children), and the…
Division and case type: CivilCivil Appeal
….……....RESPONDENT RULING The Memorandum of appeal was filed on 21st October, 2009 simultaneously with application for stay of execution.…
Division and case type: CivilCivil Appeal
…The respondents also asked (at the last moment) for a stay of execution of the decree passed in the suit because the application for execution was not served on them and there was no order for service to be dispensed with…
…The appellant applied on June 15 for execution of the decree by attachment and sale of the respondents’ machinery, motor vehicles, stock-in-trade and other attachable property registered in the above company (sic) to satisfy…
Division and case type: CivilCivil Case
…................................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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Appeal
…Both the first and second respondents applied for a stay of execution of the monetary part of the decree pending appeal, but Karugu Contractors made no application.…
…And further that although it did not apply for a stay of execution of the decree, when the order was made on the application for stay of execution, it stayed the execution of the decree in relation to Karugu Contractors as…
Division and case type: Constitutional and Human RightsPetition
…of the said decree and on 10th January, 1989 the Court granted a stay of execution in respect of the order for possession of the suit premises only and that to on the condition that the debtor would provide within 30 days…
…In his first affidavit Mr Kalinga had also stated that the execution of the decree had been stayed but he has not produced certified copy of the said order of stay.…
Division and case type: CivilCivil Case
…The bankwas made a party to execution proceedings. It is true that Mr. Gatonye orally applied for leave to appeal on1/10/98 after the Ruling was read. It is also true that Mr.…
…Gatonye filed a formal application for stay of execution pending appeal and a temporary stay of execution pending appeal was granted pending the hearing of the application.…
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 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…