Judgements and Decrees

Judgements and Decree

Judgement

This is the official and authentic decision of a court of justice upon the respective rights and claims of the parties to an action or suit therein litigated and submitted to its determination.

Requirements: a judgement must;

·         Be written in the language of the Courts

·         When a judgement is not written by the presiding judge every page must be signed by him

·         Be pronounced in open Court after it has been written and signed

·         Be dated and signed in open Court

·         Contain direction of Court as to costs

Specific Format;

·        Concise statement of the case

·         Issues for determinations

·        The decision itself

·         Reasons for such decision

Decree

This is the formal expression of an adjudication which so far as regards the court expressing it conclusively determines the rights of the parties with regards to all or any of the matter in controversy in the suit and may be either preliminary or final.

Requirements of a Decree;

·         Must agree with the judgement

·         Must contain number of suit

·         Must contain names and descriptions of the parties

·         Must contain particulars of the claims

·         Specify the relief granted or other determinations of the suit

·         State by whom the costs are to be paid

·         Must bear the date on which judgement was delivered

·         If it is for movable or immovable property it shall order for the delivery of such property

References
Civil Procedure Rules Kenya
Civil Procedure Act
Civil Procedure Act Commentary by Steve Ouma