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…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…

…Bigogo does not dispute the fact that the order does not form part of the record of appeal. That being the case, the appeal is struck out as incompetent with costs to the respondents.…

…decree of the High Court of Kenya at Kakamega (Gicheru, J) dated December 24, 1982 In Civil Appeal 14 of 1981) __________________ JUDGMENT OF KNELLER, JA Clement Wamunyama (Wamunyana) asks for the time in which to file his record…

…of appeal to be extended by 60 days and Mr Dhanjal Nabiriki (Nabiriki) asks this Court to refuse to do so.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MOMBASA Civil Appeal (Appli) 164 of 2005 ABDULSHAKOOR KHANDWALLA…………APPLICANT/RESPONDENT AND EAST AFRICAN BUILDING SOCIETY……..RESPONDENT/APPELLANT (Application to strike out record…

…of appeal in an appeal from the ruling and order of the High Court of Kenya at Mombasa (Maraga J) dated 11th June, 2004 in H.C.C.C.…

…The record of appeal was filed on June 7, 2001 and served on the respondent on August 8, 2001 while this application for extension of time was not filed in Court until October 31, 2001.…

…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.…

…of appeal was adulterated and confused with multiple records of appeal being in existence.…

…of appeal that was in the High Court.…

…Khaminwa, complained at the start of the hearing of the appeal that the record of appeal contains illegible pages which rendered the record of appeal incompetent. He relied on Rule 13 of the Rules of this Court. Mr.…

…Khaminwa having known of the position since his firm was served with the record of appeal is April 1994, should be condemned to costs for the adjournment is granted on the following terms:- 1.…

…grounds that he was not served with Notice of Appeal within time which was file on 14th May, 1982 and should have been served within 7 days (rule 76 (1); secondly, the respondent was also not served with the Memorandum of…

…Appeal and the record of Appeal within seven days after lodging it on 14th July, 1982 (rule 87 (1).…

…The record of appeal has been filed as supplied by the High Court. At the trial in the High Court the plaintiff was represented by Mr Vadgama assisted by Mr Muttu.…

…An application was filed in this court three days ago for leave to insert certain omissions into the record of appeal said to have been left out from the trial judge’s notes of the trial, but which appear in the notes taken…

…Mr Muthoga told us that his address to serve him with the record of appeal was taken from the proceedings in the lower court; hence his appearance in court before us.…

…The failure to do so also introduced another inaccuracy in the record of appeal making wrong the certification of its correctness as required by rule 85(5).…

…of appeal, on the respondent.…

…That order meant that the record of appeal ought to have been filed on (about) 18th May, 1993. As the order of Muli J.A was made on 2nd June, 1993 the date for filing the record of appeal was already past.…

…WARGEN SERVICE STATION LIMITED.......................RESPONDENTS (Application for extension of time to file Record of Appeal in the intended appeal from a Ruling of the High Court of Kenya at Nairobi (Juma, J.) dated 23rd…

…criminal proceedings were part of the record of the High Court; he told me they were not.For the life in me, I do not see how those criminal proceedings which admittedly were not before Juma, J. could be included in the record…

…On February 5, 1987, he lodged a Record of Appeal in apparent compliance with rules 81 and 85 (1) of the Court of Appeal Rules. The record contains a five-page ruling of the court.…

…But on December 12, 1987, the successful respondent brought this motion and prayed that the Record of Appeal be struck out and the appeal itself be dismissed with costs.…

…On February 5, 1987, he lodged a Record of Appeal in apparent compliance with rules 81 and 85 (1) of the Court of Appeal Rules. The record contains a five-page ruling of the court.…

…But on December 12, 1987, the successful respondent brought this motion and prayed that the Record of Appeal be struck out and the appeal itself be dismissed with costs.…

…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.…

…Another reason was that a supplementary record of appeal had also been filed without leave.…

…The other ground on which counsel for the respondents relies is that the record of appeal lodged did not contain vital documents produced at the trial in breach of rule 85(1)(f) of the Rules of this Court.…

…This default is also admitted by the appellant in his replying affidavit although he says that he has put the matter right by filing a supplementary record of appeal containing those documents.…

…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…

…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 by me, and that the record…

…In the record of that appeal at page 58 is a notice of appeal which is dated 10th day of October, 1984 which was lodged way out of time. There is no evidence of any order for extension of time to file the said notice.…

…Then there is another notice of appeal which is dated 29th March, 1985 at P.74 of the same record of the said appeal.…

…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…

…Khaminwa, complained at the start of the hearing of the appeal that the record of appeal contains illegible pages which rendered the record of appeal incompetent. He relied on Rule 13 of the Rules of this Court. Mr.…

…Khaminwa having known of the position since his firm was served with the record of appeal is April 1994, should be condemned to costs for the adjournment is granted on the following terms:- 1.…