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…IN THE COURT OF APPEAL AT KISUMU (Coram: Hancox, Nyarangi JJA & Gachuhi Ag JA CIVIL APPLICATION NO NAI 41 OF 1985 Between BATHOLOMEW MUYALE .............................APPLICANT AND SHEM NYAMBASI MULEFU .................…

…He made an application to this court (Potter JA) for leave to file appeal out of time which application was dismissed on August 29, 1980.…

….…………… RESPONDENT (Application for extension of time to serve the record of appeal and the appeal be admitted of time at the High Court of Kenya at Nakuru ( Masime J ) dated December 3, 1983 In High Court Civil Case No 235…

…Patel has submitted that the notice of appeal was filed out of time in that the judgment having been delivered on December 3, 1984 the latest date for filing the notice of appeal was December 7, 1984, but it was filed on…

…Ongele to appeal on his behalf but that the lawyer advised him that he (the applicant) could not appeal and only the Attorney General could lodge a competent appeal.…

…Ongele’s understanding of the law respecting the right of appeal was erroneous.…

…In addition no appeal having been filed, I hereby grant the application filed herein on 24/8/93. Thereafter the decree was executed and the respondent obtained his title to parcel No. NG'ONG'/NG'ONG'/15933.…

…OWUOR JUDGE OF APPEAL…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (Coram: Law, J.A. Kneller and Hancos, Ag, JJ.A.) CIVIL APPEAL NO. 8 OF 1983 BETWEEN BUNDI MAKUBE an infant suing By his next friend THOMAS BUNDI………..…

…The plaintiff now appeals to this court against that dismissal.…

…Megarry, J granted the intended injunction pending appeal which the applicant sought on the principle that: “when a party is appealing, exercising his undoubted right of appeal, the court ought to see that the appeal if successful…

…Trust Ltd v Ducane Court Ltd, [1962] 3 All ER 466 even though the action in the High Court had wholly failed and the appeal was to the Court of Appeal from it.…

…The appeal record does not have any affidavit in reply from Rucathi to any of this.…

…In our judgment he was right to dismiss the application and this appeal should also be dismissed. We make no order for the costs of the appeal. Delivered at Nairobi this 17th day of November, 1983. C B MADAN ………………………….…

…This is the decision the appellant was aggrieved with and which prompted him to lodge this appeal to this Court through his home made memorandum of appeal on 8th April, 2008. It had 5 grounds of appeal, namely:- “1.…

…That I pray to be furnished with certified trial record and be present in court when appeal hearing is due. The appeal was heard on 5th October, 2009 when Mr.…

…Rule 80 declares that a person on whom a notice of appeal had been served may at any time, either before or after the institution of the appeal, apply to this court to strike out the notice or the appeal on the grounds that…

…Rule 82(a) provides that after a party who has lodged a notice of appeal fails to institute an appeal within the appointed time he shall be deemed to have withdrawn his notice of appeal and shall, unless the court otherwise…

…Esso Standard Kenya Ltd v Onesmus Kihara Mwangi Court of Appeal, at Nairobi June 5, 1985 Hancox JA, Platt & Gachuhi Ag JJA Civil Application No NAI 29 of 1984 (Application from the High Court at Nairobi, Nyarangi J) Appeal…

…Proviso to Rule 81 (1) of the Court of Appeal rules.…

…The grounds in support are that the Stay of Execution which had been granted has been overtaken by the events on 17.5.2000 the Court of Appeal struck out the Notice of Appeal so that in reality there is no pending appeal.…

…There being no stay of execution and there being no appeal filed there would be no excuse to deny the applicant his right contained in the Order of 16.10.1997.…

………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…

…out of time, because he had no instructions, but that he nevertheless took steps towards the filing of the appeal, including the filing of the purported notice of appeal, “purely as a precaution”.…

…Stay in case of appeal [Order 42, rule 6.] (1) No appeal or second appeal shall operate as a stay of execution or proceedings under a decree or order appealed from except in so far as the court appealed from may order but…

…Appeal to the Court of Appeal.…

…The applicant, being dissatisfied, lodged a notice of appeal at the court of Appeal in Kisumu on 1st November 2022 and the said appeal was struck out on 4th April 2025.…

…appeal. 36.…

…The Court of Appeal granted the order of stay pending appeal on condition that the Defendant would file a memorandum of appeal and a record of appeal within 60 days of the date of the order in default of which the stay was…

…Court of Appeal rules.…

…Further, that anything that renders an Appeal nugatory impinges on the very right of appeal.…

…No appeal shall lie from any order passed in appeal under this section.”…

…to the Court of Appeal). 4.…

…The appeal hereto being from a superior court to the Court of Appeal, the applicant was under a legal obligation to file a notice of appeal within 14 days from the date of the judgment.…

…Pending hearing and determination of the Appeal in Nairobi Court of Appeal Civil Appeal No.…

…That the appeal or intended appeal is an arguable one, that is, that it is not a frivolous appeal, 2.…

…It is submitted that non service of the notice of appeal is contrary to the provisions of Rule 79(1) of the Court of Appeal Rules.…

…, before or within seven days after lodging notice of appeal, serve copies thereof on all persons directly affected by the appeal……….” [19] The respondents did not serve the notice of appeal within the required period.…