Case law
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Division and case type: CivilCase number Civil Application
…Sacharia (1982-88) 1 KAR, that since Rule 76(1) permits a notice of appeal to be served on persons affected by the appeal even before the lodging of the notice of appeal, and Rule 74(6) which relates to the substance of notice…
…of appeal only requires that it be signed by or on behalf of the appellant, such a notice of appeal does not require to have been first signed by the Registrar before it is served.…
Division and case type: CivilCase number Civil Application
…He also referred to the fact that earlier notices of appeal had been withdrawn. But on this issue of withdrawn notices of appeal, I find that Mr. Nyakeno has given acceptable explanation.…
…There has been serious efforts to mount an appeal but this cannot be done without filing a Notice of Appeal.…
Division and case type: CivilCase number Civil Application
…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.…
…He on the same day filed the amended Notice of Motion which now included a prayer for extension of time within which to lodge the Notice of Appeal.…
Division and case type: CivilCase number Civil Application
…The application filed by the respondent was for striking out of the notice of appeal lodged by the present applicant on 28th May, 1992.…
…The court allowed that application and struck and the said notice of appeal. At the time Civil Application No. NAI. 107 of 1994, came up for hearing there was no appearance for the present applicant (respondent there).…
Division and case type: CivilCase number Civil Application
…No doubt in theory the notice of appeal could have been lodged within 14 days of March 24, 1987.…
…If the plaintiff gets a notice of appeal now concerning the damages the tardy service of the notice on liability cannot prejudice him.…
Division and case type: CivilCase number Civil Application
…Those orders are sought on grounds that:- “(a) Though the applicant on 20th February, 2009 filed and served the notice of appeal against the ruling and order of the High Court dated 6th February 2009, leave to appeal was…
…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.…
Division and case type: CivilCase number Civil Application
…NAI 141 OF 1997 BETWEEN WILLIAM WAIRAGU MUIGAI.....................................APPLICANT AND THE TEACHERS SERVICE COMMISSION...............RESPONDENT RULING OF THE COURT The respondent filed notice of appeal in the superior…
…In the circumstances the notice of appeal filed by the respondent on 24th September, 1996 is struck out. The applicant will have costs of this application. Dated and delivered at Nairobi this 6th day of October, 1997.…
Division and case type: CivilCase number Civil Application
…She said she lodged a Notice of Appeal on December 4, 1985, that is 6 days after the judgment. She was obliged to lodge the appeal within 60 days from that date.…
…Counsel for the 1st respondent asked me to put a strict interpretation on rule 58 of the Court of Appeal Rules, with regard to the service of Notice of Appeal.…
Division and case type: CivilCase number Civil Application
…On 19th September, 1997, his notice of appeal was struck out by this Court for the reason of his non-compliance with the order of the single judge of this Court dated 18th October, 1993 extending time by 30 days within which…
…His present application does not seek extension of time within which to lodge the notice of appeal.…
Division and case type: CivilCase number Civil Application
…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.…
Division and case type: CivilCase number Civil Application
…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.…
…Notice of appeal was given on July 7, 1987. On July 9, copies of proceedings and ruling were bespoken. Unfortunately, Mr Gikandi failed to copy this request to the respondent.…
Division and case type: CivilCase number Civil Application
…The applicant will benefit from the 162 days and in the end, as far as I can judge of the matter, the applicant, who had to institute the intended appeal within 60 days of the date when the notice of the appeal was lodged…
…(the notice of appeal was lodged on August 5, 1986) had until January 17, 1987 to institute the intended appeal.…
Division and case type: CivilCase number Civil Application
…On December 10, 1985 the notice of appeal was filed and it was also served. Unfortunately, the request for copies of proceedings and judgment of the same rate was not served.…
Division and case type: CivilCase number Civil Application
…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 )…
…relating to such a reference, into the judicial exercise of the discretion vested in a single judge of appeal by the amended rule 4 of the Court of Appeal Rules and into the question of whether or not the time for lodging a notice…