Cassim Lebbe Marikar vs Saraye Lebbe – clr volume 3 page 061

In the case between the appellant (plaintiff) and the original decree-holder, Saffa Umma, along with assignee Uduma Lebbe Marikar Mohammadu (defendants), the court addressed whether the District Court possessed the proper authority to execute a decree after an assignment and if the substitution of the assignee’s name in the decree record was procedurally sound in light of ongoing steps toward review or possible appeal. It was determined that mere preparatory actions for review do not equate to an appeal and thus do not suspend the execution of a decree. The decision reaffirmed that execution may proceed in the name of the assignor with the record amended to reflect the assignee’s authority, emphasizing judicial discretion in orders of substitution and execution. This outcome underscores th