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…IN THE COURT OF APPEAL AT NAIROBI (Coram; Platt, JA (In Chambers) CIVIL APPLICATION NO NAI 130 OF 1986 ( In the matter of an intended appeal ) BETWEEN LOISE WAINARO WAMITI …………………………...……………….. APPLICANT AND 1.…

…Mr Ngwiri has, however, pointed out that the subject matter of the appeal ought to be res judicata. The respondent did not appeal at an earlier stage. She has had a good deal of attitude from the courts.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: LAKHA, PALL, JJ.A. & BOSIRE, AG.J.A.)…

…In our judgment, this appeal has no merit and is dismissed with costs. Dated and delivered at Nairobi this 15th day of December, 1997 A.A. LAKHA ............................. JUDGE OF APPEAL G.S.…

…IN THE COURT OF APPEAL AT NAIROBI CORAM: GICHERU, J.A (IN CHAMBERS) CIVIL APPLICATION NO.…

…He, however, did not seek extension of time within which to lodge the Notice of Appeal the original of which was struck out with his original appeal to this Court.…

…The Defendant’s appeal to the High Court against the SRM’s order was dismissed with costs by Aganyanya J on 26th July 1985 to be followed by the appeal to this Court.…

…I also agree that this appeal should be dismissed.…

…In the second, Rajnikant Joshi seeks to strike out the notice of appeal because a step has not been taken, namely, to lodge the record of appeal within time.…

…Of course if the appeal has absolutely no chance of success no doubt that would be a factor to be borne in mind. Here, there is an arguable appeal.…

…MUNGAI..............................................................................................RESPONDENT (Application for leave to appeal out of time in an intended appeal from the judgment and decree of the High Court…

…he was to lodge his intended appeal.…

…The applicants original appeal NO. 80 of 1996 was struck out by this Court on 10th April, 1997 for the reason that the notice of appeal contained therein was unsigned by or on behalf of the applicants as is required by rule…

…74(6) of the Rules of this Court with the result that there was no notice of appeal in that appeal rendering the same incompetent.…

…the Court of Appeal Rules and into the question of whether or not the time for lodging a notice of appeal under rule 74(2) (ibid) should be extended.…

…It is in the rules, and in effect, a reference is just another application and the Deputy Registrar is the taxing officer for it as for an ‘appeal’ or an ‘application’.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, SHAH JJ.A. & BOSIRE AG. J.A) CIVIL APPLICATION NO.…

…To-date no appeal has been filed; nor has there been an application for extension of time. In the circumstances the notice of appeal filed by the respondent on 24th September, 1996 is struck out.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appli 372 of 1996 DAVID KONGO ……………………………………………………... APPLICANT AND NJOROGE NJUGUNA ………………………...………………..…

…upheld the ruling of Omolo, JA sitting as a single Judge in an application before him by the same applicant for extension of time to file the same appeal.…

…RESPONDENT (An Application for stay of execution in an intended appeal from the ruling of the High Court of Kenya at Nairobi (Justice Githinji) dated 19th June, 1997 in H.C.C.C.…

…Whatever the merits of the intended appeal may be we see no cause or reason now to grant the prayers sought in this application which is dismissed with costs.…

…IN THE COURT OF APPEAL AT MOMBASA (CORAM: KWACH, AKIWUMI & SHAH JJ A CIVIL APPLICATION NO NAI 251 OF 1994 BETWEEN ARTHUR K.…

…For the purpose of this application, we are satisfied that the applicants have shown that they have an arguable appeal.…

…This is a second appeal and concerns land.…

…This appeal is dismissed with costs. Dated and delivered at Nairobi this 25th day of May, 1998. R.S.C. OMOLO ................ JUDGE OF APPEAL A. B. SHAH ................. JUDGE OF APPEAL S.E.O. BOSIRE .................…

…IN THE COURT OF APPEAL AT NAIROBI (CORAM: O’KUBASU, J.A. (IN CHAMBERS)) CIVIL APPLICATION NO.…

…court and has a strong and arguable appeal with the high chance of success.”…

…The application filed by the respondent was for striking out of the notice of appeal lodged by the present applicant on 28th May, 1992.…

…of time to lodge a record of appeal, unless there was a proper notice of appeal or unless time was also sought for lodging notice of appeal.…

…Justice Lakha, for extension of time within which, to start the process of appeal all over again, by filing this notice of appeal and lodging their record of appeal.…

…appeal for lodging on that same date, in the registry of the High Court.…

…as the ruling the applicant seeks to appeal from was delivered on 6th February 2009 and the notice of appeal was filed on 20th February 2009.…

…the appeal or intended appeal at this stage and whether the granting of the application would prejudice the respondent.…

…rules 4 and 81 of the Court of Appeal Rules by Kenya Arab Orient Insurance Limited for an order that the applicant be given leave to file its appeal out of time and that the costs of the application be costs in the appeal…

…(the notice of appeal was lodged on August 5, 1986) had until January 17, 1987 to institute the intended appeal.…

…The appellant chose to lodge a notice of appeal on September 24, 1986 against Patel J‘s orders. That was within the time allowed by rule 74 of the Court of Appeal Rules.…

…Leave to lodge a notice of appeal against the assessment of damages dated March 24, 1987. 3) In the case of both notices leave to lodge the record of appeal out of time.…