Case law
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Division and case type: CivilCivil Case
…RESPONDENT RULING This is an application for stay of execution pending the hearing and determination of an intended appeal. It is made under O XLI rule 4 of the Civil Procedure Rules.…
Division and case type: CivilCivil Case
………APPLICANT AND KIMUNGU…………………………………RESPONDENT (In an intended appeal from the High Court at Nairobi, Gachuhi J) RULING This application is in two parts, the first to extend the time for filing the notice of appeal and the…
…This was dismissed on July 4, 1983, with leave to Muita Njuguna, inter alia, to file a fresh application to have the time for filing and serving notice of intended appeal extended, presumably because it had by that time been…
Division and case type: GeneralCase
…NAI. 141 OF 2004 BETWEEN WALTER AWUOTH AYUGI ………………………………………… APPLICANT AND HESBORN SULE OKOTH ………………………………………… RESPONDENT (Application for leave to file and serve notice and record of appeal out of time in an intended appeal…
Division and case type: Environment and LandCase
…or intended appeal and whether primafacie, the intended appeal has chances of success or is a mere frivolity.”…
…While on the other hand, the aggrieved party is entitled to exercise his or her constitutional right of appeal and the intended appeal succeeding should not be rendered nugatory.…
Division and case type: CivilCivil Case
…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 of the decree/order of this court dated 21st May, 1998 pending the hearing and determination of the intended…
…appeal.…
Division and case type: CivilCivil Case
…Mr Gatonye applied for journment to get full instructions regarding the intended appeal. The application for adjournment was granted and so Mr. Rachi did not reply to Mr. Gatonye's oral application. Eventually Mr.…
Division and case type: CivilCivil Case
…Mr Gatonye applied for journment to get full instructions regarding the intended appeal. The application for adjournment was granted and so Mr. Rachi did not reply to Mr. Gatonye's oral application. Eventually Mr.…
Division and case type: CivilCivil Case
…Mr Gatonye applied for journment to get full instructions regarding the intended appeal. The application for adjournment was granted and so Mr. Rachi did not reply to Mr. Gatonye's oral application. Eventually Mr.…
Division and case type: CivilCivil Case
…in which three main prayers featured: that leave be granted to amend the Memorandum of Appeal with the draft amended memorandum being deemed as filed and served; that there be a stay of execution in this suit until the intended…
…appeal is determined and lastly that the Appellants attached property be released/restituted to them.…
Division and case type: CivilCivil Case
…In such a case, the intended appeal if successful will be rendered nugatory. Substantial loss may thereby occur. The application for sty was filed timeously.…
Division and case type: Milimani Commercial CourtsCivil Case
…In that regard the intended appeal to the Court of Appeal by the applicant cannot operate as a stay.…
Division and case type: CivilCivil Case
…Bandali t/a Shimoni Enterprises v Wills REPUBLIC OF KENYA Court of Appeal, at Mombasa August 29, 1991 Hancox CJ, Gachuhi & Cockar JJ A Civil Application No NAI 12 of 1991 (Application for leave to appeal out of time in an intended…
…appeal from a Judgment of the High Court of Kenya at Mombasa (Mr Justice Shields ) dated 31st August, 1990 in HCCC No 934 of 1979) Civil Practice and Procedure – dismissal of suit for want of prosecution – whether court…
Division and case type: CivilCivil Case
…interpreted by honourable Mr Justice Hayanga, regarding payment or otherwise of a sum of Kshs 1,373,832.40 which had been disputed and which was to be deposited in an interest earning account pending the outcome of the intended…
…appeal by the defendant against the said Justice Hayanga’s order.…
Division and case type: CivilCivil Case
…interpreted by honourable Mr Justice Hayanga, regarding payment or otherwise of a sum of Kshs 1,373,832.40 which had been disputed and which was to be deposited in an interest earning account pending the outcome of the intended…
…appeal by the defendant against the said Justice Hayanga’s order.…