Search court decisions

…It was submitted that certified copies, in this case, were collected on 14/06/2024 as evidenced by the Certificate of Delay dated 17/07/2024 and the appeal was subsequently filed on 17/07/2024.…

…That, the period from 31/01/2024 to 14/06/2024, being the time taken to prepare and deliver the certified copies, is excluded from the 30 days for filing an appeal.…

…copies of the proceedings and judgment; that the same were supplied to his advocates on 15.12.2024 whereupon they filed the appeal herein only to later realize that the limitation period had lapsed. 4.…

…The applicant herein has faulted the trial court in the delay in supplying him with certified copies of the proceedings and the judgment.…

…The Applicant avers that immediately after delivery of the impugned ruling it filed a Memorandum of Appeal and applied for certified copies of the ruling.…

…According to the Applicant, the application was filed immediately after the file was traced and certified copies became available. 5.…

…He applied on some unspecified date for a certified copy of the first appeal proceedings and judgment and did not obtain them until November 30, 1983.…

…Mr Dhanjal has correctly pointed out that, the notice of appeal was filed out of time, it was not served on the respondent or his advocate and even after the applicant received the certified copies of the judgment and proceedings…

…NO. 91 OF 1996) CONSOLIDATED WITH CIVIL APPEAL NO. 90 OF 1996) ***************** ORDER OF THE COURT As the record of appeal does not contain certified copies of the decrees appealed against, this appeal is incompetent and…

…That vide letters dated 22nd February 2024, the Appellant/Applicant through its advocates on record requested for certified copies of the ruling, certified copies of typed proceedings and a copy of the decree for purposes…

…The Appellant/Applicant submitted that vide a letter dated 22nd February 2024, the Appellant/Applicant through their advocates requested for a certified copy of the ruling, certified copy of the typed proceedings and a copy…

…decretal sum of Kshs. 3,601,155/= in the joint account of the parties’ respective advocates within 45 days; file the memorandum of appeal upon the filing of the consent and the record of appeal within 30 days of receiving the certified…

…copies of proceedings and judgment from the lower court registry.…

…Copies of Proceedings in Mombasa SRMCC No.…

…Rule 2 provides: "Where no certified copy of the decree or order appealed against is filed with the memorandum of appeal, the appellant shall file such certified copy as soon as possible and in any event within such time…

…She states that repeated efforts were made to obtain certified copies of the proceedings and decree, but these were unsuccessful due to the court registry’s indication that the lower court file was inaccessible following…

…The Respondents emphasize that the appellant had ample opportunity to apply for certified copies, seek extension of time or take other steps to advance the appeal. they also note that the letter from the court registry dated…

…The only question to consider at this stage is whether, in the absence of a certified copy of the order, there is a proper appeal before this court.…

…with the memorandum of appeal, the appellant shall file such certified copy as soon as possible and in any event within such a time the court may order, and the court need not consider whether to reject appeal summarily…

…Order 42 Rule 2 of the Civil Procedure Rules provides as follows: “Where no certified copy of the decree or order appealed against is filed with the Memorandum of Appeal, the Appellant shall file such certified copy as soon…

…It is also common ground that in the said records, the appellants failed or omitted to incorporate certified copies of the order appealed against as required by Rule 87(1)(h) of this Court’s Rules.…

…To that end they have annexed the letter to the subordinate court seeking to be supplied with typed proceedings and certified copy of the judgment. 7.…

…It is the argument of the respondent /appellants that the provisions of order 42 rule 35 and section 79B cannot be complied with unless and until the appellant obtains typed and certified copies of the proceedings, judgment…

…The advocate has further stated that the delay in prosecuting the appeal was occasioned by the delay in obtaining the certified copies of the typed lower court proceedings and judgment, to enable the Appellant’s advocate…

…Upon considering the explanation given by the Appellant to the effect that the delay in prosecuting the appeal was primarily the result of a delay in obtaining certified copies of the impugned judgment and typed proceedings…

…clear to me when the appellant made application for proceedings for the purposes of appeal but I note that on 23-01-2019 the Deputy Registrar of this court wrote to the lower court asking for the original record and two certified…

…copies of the proceedings.…

…until we learned of the same after reviving the lower court matter by taking a mention date, which we served. j) That I am not even aware of any filed certificate of delay, as the applicant may want to claim they never got certified…

…copies of proceedings and judgment in good time, but at any rate, these are issues of the appellant court that is now seized of this matter, but not this court. k) That whether the appeal is meritorious or not, is not the…

…The Appellant contends that even though certified copies of proceedings were ready on 15 th January 2025 they were not availed to them until 24 th February 2025 when they appeared in court to confirm filing of the Record…

…He further states that the Appellant has failed to produce the proposed title deed or provide a certified copy, official searches proving ownership, or any valuation report to guide the court as to its value.…

…The Respondent emphasizes that the Applicant has not produced the proposed title deed, nor provided certified copies or valuations to substantiate its adequacy as security. 30.…

…A copy of the judgment and a letter requesting for certified copies of the judgment, proceedings and decree are exhibited as SGG 1 & 2 respectively. 3.…

…A copy of the judgment and a letter requesting for certified copies of the judgment, proceedings and decree are exhibited as SGG 1 & 2 respectively. 3.…