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…Thirdly I am asked to make provision for the costs of the application and intended appeal.…

…In accordance with order XLI Rule 4 of the Civil Procedure Rules, the plaintiff can either take execution (since the appeal intended does not operate as a stay) or if a stay is ordered, the defendant will have to give security…

…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.…

…appeal from the judgment of the High Court of Kenya at Nairobi (Justice Aragon) dated 5th May, 1989 in H.C.C.C.…

…The dispute which is the subject of the Applicants' intended appeal, was heard and determined by the High Court as far back as 5th May, 1989.…

…The original application concerned the intended appeal against JS Patel J’s order dated September 12, 1986, in which he struck out the defendant company’s defence and entered judgment for the plaintiff Charles Kabanga Muthike…

…But that is not now of importance because the full appeal is intended. If the plaintiff gets a notice of appeal now concerning the damages the tardy service of the notice on liability cannot prejudice him.…

…RESPONDENT (Application for extension of time to file the notice of the intended appeal from an order of the High Court of Kenya at Nairobi (O’kubasu and Abdullah, JJ ) dated May 20, 1985 In Misc Application 72 of 1984 )…

…On 18th October, 1993, time to lodge the record of the applicant's intended appeal to this Court was extended by 30 days from the date hereinabove mentioned.…

…It is now over five years since the time for lodging the record of the applicant's intended appeal was granted on 18th October, 1993.…

…appeal.…

…by January 20, 1987 and submitted that there was no delay in instituting the intended appeal.…

…The time for lodging and serving the record of appeal in the intended appeal from the ruling and order of the High Court of Kenya at Nairobi (Honourable Lady Justice Joyce N.…

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

…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.…

…RESPONDENT (Application for leave to file and serve Notice of Appeal out of time in an intended appeal from the Judgment of the High Court of Kenya at Nairobi (Lady Justice Ang’awa) dated 22nd May, 2003 in H.C.C.C.…

…THAT the costs and incidentals to this Application do abide the result of the said intended appeal.…

…appeal from a ruling of the High Court of Kenya at Mombasa (Mr Justice Wambilyangah) dated 29th July, 1994, in HCCC No 15 of 1994) ************************** RULING OF THE COURT This cause was originally fixed before Omolo…

…appeal or further order.…

…The costs occasioned by this application shall be in the intended appeal. Dated and delivered at Nairobi this 2nd day of August, 1996. J. E. GICHERU …………………….…