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…NO. 30 OF 1994) ******************** RULING OF THE COURT This is an application under Rule 80 of the Court of Appeal Rules (Rules) for an order that Civil Appeal No. 164 of 2005 – East African Building Society vs.…

…of Appeal Rules. 4.…

…He submitted that the moment the Applicants filed and served the Notice of Appeal pursuant to Rule 74 of the Court of Appeal Rules, this Court was instantly denuded of jurisdiction to entertain a stay of execution.…

…NO. 2867 OF 1989) ********** R U L I N G This is an application under rule 4 of the Court of Appeal Rules for extension of time to file a notice of appeal and an appeal out of time, the first appeal filed by the applicant…

…(Civil Appeal No. 91 of 1993), having been struck out by this Court on 25th October, 1995, because the record of appeal did not contain a certified copy of the decree as required by rule 85(1)(h) of the Court of Appeal Rules…

…It was submitted that the applicable rules in this instance would be the Court of Appeal Rules, which require the filing of an intention to appeal, under Rule 77(1) of those Rules.…

…The appeal intended to be filed is at the Court of Appeal. Consequently, the Rules to apply ought to be the Court of Appeal Rules, and not the Civil Procedure Rules.…

…It is the submission of the applicant’s advocates that her law firm’s staff inadvertently failed to file the Notice of Appeal within the prescribed time under rule 77 of the Court of Appeal Rules, 2022. 7.…

…It is not in dispute that Respondent/Applicant did not file a Notice of Appeal within the prescribed time under rule 77 of the Court of Appeal Rules, 2022 that is within 14 days. 13.…

…It is the submission of the applicant’s advocates that her law firm’s staff inadvertently failed to file the Notice of Appeal within the prescribed time under rule 77 of the Court of Appeal Rules, 2022. 7.…

…It is not in dispute that Respondent/Applicant did not file a Notice of Appeal within the prescribed time under rule 77 of the Court of Appeal Rules, 2022 that is within 14 days. 13.…

…NO. 3499 OF 1992 ************************* RULING OF THE COURT This is an application under rule 80 of the court of Appeal Rules by which the respondents seek to strike out the appeal on the ground that the record of appeal…

…NO. 1824 OF 1987) ************************* RULING OF THE COURT The respondent has taken out a Notice of Motion under rule 80 of the Court of Appeal Rules seeking an order striking out the appeal filed by the appellant on…

…NO. 3499 OF 1992 ************************* RULING OF THE COURT This is an application under rule 80 of the court of Appeal Rules by which the respondents seek to strike out the appeal on the ground that the record of appeal…

…NO. 1824 OF 1987) ************************* RULING OF THE COURT The respondent has taken out a Notice of Motion under rule 80 of the Court of Appeal Rules seeking an order striking out the appeal filed by the appellant on…

…According to rule 87 of the Court of Appeal Rules a copy of a record of appeal must be served on a respondent within seven days after lodgement of the same in Court.…

…In the result and as the respondent has not appeared to defend the said application, I, in the exercise of my discretion under rule 4 of the Court of Appeal Rules grant the applicant's application so that the time for lodging…

…NO 2755 OF 1994) ************************ RULING OF THE COURT There is a notice of motion before us taken out by the respondents under rules 80 and 85(1)(f) of the Court of Appeal Rules to strike out the appeal on the ground…

…But this court must look at the matter from the point of view of rule 5(2) of Court of Appeal Rules, and here the test would be whether the appeal would be rendered nugatory, unless payment of the decretal sum were stayed…

…The last case, referring to the exercise of discretion by the High Court and the Court of Appeal in the granting stay of execution, under Order 42 of the CPR and Rule 5(2) (b) of the Court of Appeal Rules, respectively, emphasized…

…The Applicant submitted that the Respondents’ contention that only the Court of Appeal can grant stay under Rule 5(2)(b) of the Court of Appeal Rules is misconceived.…

…On this court’s jurisdiction, the Respondents submitted that the proper forum for the application is the Court of Appeal under Rule 5(2)(b) of the Court of Appeal Rules.…

…The last case, referring to the exercise of discretion by the High Court and the Court of Appeal in the granting stay of execution, under Order 42 of the CPR and Rule 5(2) (b) of the Court of Appeal Rules, respectively, emphasized…

…LEGAL ANALYSIS To buttress his arguments, the Appellant herein invoked Section 78 of the Civil Procedure Act Cap 21 (Laws of Kenya) and Rule 29(1)(b) of the Court of Appeal Rules and placed reliance on the case of Attorney…

…In this regard, he placed reliance on the case of Mzee Wanje & 93 Others vs AK Saikwa (1982-88) 1 KAR 463 where it was held that Rule 29 of the Court of Appeal Rules was not intended to enable a party who had discovered fresh…

…The Court of Appeal had this to say about compliance with Rule 86 of the Court of Appeal Rules (which is pari materia with Order 42 Rule 1 of the Civil Procedure Rules) in the case of Robinson Kiplagat Tuwei v Felix Kipchoge…

…Limo Langat [2020] eKLR: - “We are yet again confronted with an appeal founded on a memorandum of appeal that is drawn in total disregard of rule 86 of the Court of Appeal Rules.…

…far been given in Kenya, and that he should, at the very least, be given an adjournment to remedy the defect in the record (which he did not deny existed): Mr Barasa referred us in particular to Rules 42, 44, 80 and 89 of…

…the Court of Appeal Rules.…