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…The condition was, essentially, that the Judgment-Debtor deposits the decretal sum (calculated at KShs. 14,203,040/50 as at 12th November, 2008) in an interest–earning account (to be opened in the joint names of the advocates…

…The Judgment-Debtor has now come back to court by notice of motion dated 27th October, 2008.…

…The objector is the wife of the judgment debtor herein. The respondent obtained judgment against the judgment debtor on 23/10/90.…

…On the above attachment taking place, the judgment debtor on 10th March, 1992 moved the Court for stay and setting aside of the judgment as it was obtained ex parte.…

…All thiswill be detrimental to the Judgment Debtor and to the plaintiff.…

…In the circumstances of the dispute, it is my view that there are novalid grounds for Appeal and any further delay will cause great loss toDecree Holder and Judgment Debtor.…

…If, however, at the passing of the decree the judgment debtor is within the precincts of the court, the holder of a decree for payment of money may apply orally for immediate execution of it by arrest of the judgment-debtor…

…First, the judgment debtor who did not contest the suit at any stage and finds his vehicle worth Kshs 300,000 attached and sold in satisfaction of a decree for Kshs 2,000.…

…The condition was, essentially, that the Judgment-Debtor deposits the decretal sum (calculated at KShs. 14,203,040/50 as at 12th November, 2008) in an interest–earning account (to be opened in the joint names of the advocates…

…The Judgment-Debtor has now come back to court by notice of motion dated 27th October, 2008.…

…The judgment debtor is Paul Njenga Mwaura who died after the decree had been passed against him.…

…Firstly, he relies on the judgment debtor’s own handwritten letter dated 27th November (Exh FGMI) in which, inter alia, he had said: “I request you to instruct the auctioneer to release my vehicle as I have agreed and I am…

…by the appeal, again as required by rule 76(1), the court also not having directed under the proviso to that sub-rule (1) that service need not be effected on the judgment-debtor as he took no part in the proceedings in…

…As regards the failure to serve notice of appeal on the judgment-debtor Mr Satish Gautama for the appellant submitted that the judgment debtor did not show any interest in the proceedings in the superior court, and judgment…

…All thiswill be detrimental to the Judgment Debtor and to the plaintiff.…

…In the circumstances of the dispute, it is my view that there are novalid grounds for Appeal and any further delay will cause great loss toDecree Holder and Judgment Debtor.…

…All thiswill be detrimental to the Judgment Debtor and to the plaintiff.…

…In the circumstances of the dispute, it is my view that there are novalid grounds for Appeal and any further delay will cause great loss toDecree Holder and Judgment Debtor.…

…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…

…consent of the decree -holder for sufficient cause shown order that the payment of the amount decreed be postponed or be made by instalments on such terms as the payment of interest, the attachment o f the property of the judgment…

…debtor or taking of security from him or otherwise, as it think fit” It is clear that the power donated under this rule is discretionary.…

…The sale was done in flagrant violation of order 21 rule 62 which requires that where movable property is attached and is to be sold, the sale shall not, without the written consent of the judgment debtor, take place before…