Rift Valley Agricultural Contractors Limited (RVACL) another v Hari Gakinya t/a Hari Gakinya & Company Advocates & 2 others [2021] KEHC 8943 (KLR)
- Court
- High Court of Kenya
- Case number
- 8943
- Citation
- [2021] KEHC 8943 (KLR)
- Decided
- 26 February 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeExecution of DecreePostureAppeal from a lower court's order granting an application for execution of a decreeCoramBenson Thiru Karanja, KLR Chepkwony, Mulwa, Odunga, Sitati
Holding
The application for execution of the decree did not follow due process of the law.
Facts
The 1st Respondent filed an application for execution of a decree dated 19th August 2020, and the 1st Applicant filed a Notice of Motion seeking to restrain the Respondents from executing the decree and seeking a declaration of corrupt activities.
Issues
- Whether the application for execution of a decree dated 19th August 2020 followed due process of the law.
- Whether the applicant should be granted the prayers sought.
Reasoning
The court found that the 1st Applicant was not issued with a Notice to Show Cause and that the application for execution did not follow the due process of the law.
Outcome
The application for execution of the decree was dismissed.
Orders
- The application for execution of the decree was dismissed.
- The 1st Respondent was ordered to pay costs of the application.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (1)
- Reuben Nyanginja Ndolo Vs Dickson Wathika Mwangi & 3 Others, Election Petition No. 11 of 2008
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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