Search court decisions

…Even if it is accepted that a notice of appeal is not struck out when an incompetent appeal is struck out, it can only mean a valid notice of appeal can survive. An invalid notice of appeal is no notice at all.…

…As I have said no appeal can be filed unless a valid notice of appeal to precede it has been filed. In other words a valid notice of appeal is the basis of a competent appeal.…

…be extended to 16th February, 1996 when a copy of the Notice of Appeal was personally served upon the first respondent's Managing Director.…

…As the first respondent has in effect actually denied receiving a copy of the Notice of Appeal, I am compelled in the absence of a postal certificate to hold that the first Notice of Appeal herein may not have been properly…

…In sum the applicant avers that the time within which to lodge a Notice of Appeal has lapsed. It is argued that the failure to file a Notice of Appeal within time was occasioned by a genuine human error. 8.…

…It is also submitted that there is no evidence that the applicant’s advocate gave instructions to her staff to file a Notice of Appeal. 11.…

…The uncertainty as regards the date of filing that notice of appeal is of no consequence now. That notice of appeal was filed out of time without leave.…

…In that case the excuse by Counsel for not filing the notice of appeal in time was that as no leave to appeal was obtained, no notice of appeal could be filed.…

…Notice of appeal was not served upon the respondent as required by rule 76(1); consequently, 2.…

…The respondent was unable to comply with the mandatory provisions of rule 78(1)(a) which requires that every person on whom a notice of appeal is served shall within fourteen days after service on him of the notice of appeal…

…I will first consider the prayer that the notice of appeal dated 14.12.23 be deemed as properly filed. 5.…

…Section 7 of the Appellate Jurisdiction Act empowers this Court to extend the time for filing a notice of appeal as follows: The High Court may extend the time for giving notice of intention to appeal from a judgment of the…

…NO. 2560`A' OF 1989 R U L I N G The present application is for the extension of time for the filing of a Notice of Appeal in an intended appeal and the related record of appeal.…

…The fact that the Notice of Appeal in question is date stamped by the registry of the High Court and signed by the Deputy Registrar of the High Court, in my view, makes the failure of the Notice of Appeal to contain the date…

…It is the Respondent’s contention that the Application is a non-starter as the notice of appeal is not a notice to the Court of Appeal but an appeal to this Court. As such, no notice of appeal has been filed. 6.…

…Rule 61 of the Court of Appeals Rules makes provision for the filing of a notice of appeal.…

…of appeal. 12.…

…of Appeal with the High Court.…

…The draft Notice of Appeal annexed hereto be deemed as duly filed upon payment of the requisite court fees. d. Spent e.…

…of Appeal. 8.…

…The draft Notice of Appeal annexed hereto be deemed as duly filed upon payment of the requisite court fees. d. Spent e.…

…of Appeal. 8.…

…Dissatisfied with the decision, the Appellant filed a document titled "Notice of Appeal" dated 6th March 2025 and filed on 12th March 2025. A Memorandum of Appeal was subsequently filed on 28th October 2025. 2.…

…In the instant case, I note that the Appellant initially filed a document titled “Notice of Appeal”. 11.…

…That the applicant has filed an application before the Court of Appeal seeking leave to file its Notice of Appeal out of time which application is pending. 5.…

…That the applicant had failed to file a Notice of Appeal and having filed an application at the Court of Appeal, this court lacked jurisdiction to grant the orders of stay sought.…

…DEFENDANT NOTICE OF APPEAL TAKE NOTICE that the Plaintiff herein BABER ALIBHAI MAWJI being dissatisfied with the Ruling of the Honourable Mr.…

…On 12th November, 1997, the appellant took out a notice of motion under rule 44 of the Rules to amend the notice of appeal.…

…NO. 1058 OF 1995) *************** ORDER OF THE COURT This is an application under rule 80 of the Rules of this Court to strike out the Notice of appeal filed on 26th May, 1995 and appeal filed on 6th October, 1995 on the…

…ground that the notice of appeal was not served on all intended parties.…

…It then filed a notice of appeal followed by an appeal. Neither of these documents was served on Karugu Contractors nor was Karugu Contractors joined as a respondent in the appeal.…

…lodging the notice of appeal, direct that service need not be effected on any person who took no part in the proceedings in the superior court."…

…LTD...........................APPLICANT AND RAYMOND BUURI M'RIMBERIA..............................RESPONDENT (Application for extension of time to file Notice of Appeal and Record of Appeal out of time in an intended appeal…

…Considering all these matters I exercise my undoubted discretion to enlarge the time for filing the notice of appeal by ordering that the notice of appeal filed on 20th March, 1997 be deemed to be filed in time, as now extended…

…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…

…I allow the application and extend the time for filing a notice of appeal by 7 days from today, and for filing a record of appeal by 14 days from the date of filing the notice of appeal.…

…He also relied on Rules 77 and 84(1) of the Court of Appeal Rules 2022 and argued that the notice of appeal filed at the Court of Appeal is enough proof of an appeal.…

…That the notice of appeal was not served within good time and that there is a delay in filing the application herein.…