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…IN THE COURT OF APPEAL AT NAIROBI ( Coram: Kneller, Hancox JJA & Nyarangi Ag JA ) CIVIL APPEAL NO. 52 & 53 OF 1982 BETWEEN GURBAKSH SINGH & SONS LTD.........................................................................…

…He was incapable of managing and administering his own property and affairs when the suit was filed on August 8, 1982 and when the appeal was filed on September 29, 1982 so that he sued and appealed by his next friend, Charanjit…

…RESPONDENT R U L I N G The applicant's previous appeal was struck out for incompetence on the 7th March, 1997. The present application was filed on the 14th March, 1997.…

…The record of appeal must be filed within twenty one days from the date hereof. The costs of this application shall be costs in the appeal. Dated and delivered at Nairobi this 25th day of March, 1997. R. S. C.…

…IN THE COURT OF APPEAL AT KISUMU (Coram: Hancox, Nyarangi JJA & Gachuhi Ag JA CIVIL APPLICATION NO NAI 41 OF 1985 Between BATHOLOMEW MUYALE .............................APPLICANT AND SHEM NYAMBASI MULEFU .................…

…He made an application to this court (Potter JA) for leave to file appeal out of time which application was dismissed on August 29, 1980.…

….…………… RESPONDENT (Application for extension of time to serve the record of appeal and the appeal be admitted of time at the High Court of Kenya at Nakuru ( Masime J ) dated December 3, 1983 In High Court Civil Case No 235…

…Patel has submitted that the notice of appeal was filed out of time in that the judgment having been delivered on December 3, 1984 the latest date for filing the notice of appeal was December 7, 1984, but it was filed on…

…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.…

………APPLICANT AND KIMUNGU…………………………………RESPONDENT (In an intended appeal from the High Court at Nairobi, Gachuhi J) RULING This application is in two parts, the first to extend the time for filing the notice of appeal and the…

…out of time, because he had no instructions, but that he nevertheless took steps towards the filing of the appeal, including the filing of the purported notice of appeal, “purely as a precaution”.…

………APPLICANT AND KIMUNGU…………………………………RESPONDENT (In an intended appeal from the High Court at Nairobi, Gachuhi J) RULING This application is in two parts, the first to extend the time for filing the notice of appeal and the…

…out of time, because he had no instructions, but that he nevertheless took steps towards the filing of the appeal, including the filing of the purported notice of appeal, “purely as a precaution”.…

…In addition no appeal having been filed, I hereby grant the application filed herein on 24/8/93. Thereafter the decree was executed and the respondent obtained his title to parcel No. NG'ONG'/NG'ONG'/15933.…

…OWUOR JUDGE OF APPEAL…

…Esso Standard Kenya Ltd v Onesmus Kihara Mwangi Court of Appeal, at Nairobi June 5, 1985 Hancox JA, Platt & Gachuhi Ag JJA Civil Application No NAI 29 of 1984 (Application from the High Court at Nairobi, Nyarangi J) Appeal…

…Proviso to Rule 81 (1) of the Court of Appeal rules.…

…Rule 80 declares that a person on whom a notice of appeal had been served may at any time, either before or after the institution of the appeal, apply to this court to strike out the notice or the appeal on the grounds that…

…Rule 82(a) provides that after a party who has lodged a notice of appeal fails to institute an appeal within the appointed time he shall be deemed to have withdrawn his notice of appeal and shall, unless the court otherwise…

…Megarry, J granted the intended injunction pending appeal which the applicant sought on the principle that: “when a party is appealing, exercising his undoubted right of appeal, the court ought to see that the appeal if successful…

…Trust Ltd v Ducane Court Ltd, [1962] 3 All ER 466 even though the action in the High Court had wholly failed and the appeal was to the Court of Appeal from it.…

…This is the decision the appellant was aggrieved with and which prompted him to lodge this appeal to this Court through his home made memorandum of appeal on 8th April, 2008. It had 5 grounds of appeal, namely:- “1.…

…That I pray to be furnished with certified trial record and be present in court when appeal hearing is due. The appeal was heard on 5th October, 2009 when Mr.…

…If this is the result of the judgment of the Court of Appeal in CTI Case then I must disapprove of that case.…

…JUDGE OF APPEAL SITTING AS JUDGE OF THE HIGH COURT…

…Bandali t/a Shimoni Enterprises v Wills REPUBLIC OF KENYA Court of Appeal, at Mombasa August 29, 1991 Hancox CJ, Gachuhi & Cockar JJ A Civil Application No NAI 12 of 1991 (Application for leave to appeal out of time in an…

…that there are grounds of appeal which merit serious judicial consideration but where the order from which it is sought to appeal was made in exercise of a judicial discretion, a rather stronger case will have to be made…

…On appeal, the above decision was affirmed by the Court of Appeal in its Civil Appeal No 63 of 1981, Cassam & Another v Sachania & Another (as yet unreported). At page 3 et. Seq.…

…On appeal the Court of Appeal held that the court had power on motion under s 82(1) of the Land Registration Act 1925 to order that a caution be vacated when it was shown that the caution ought not to have been made.…

…The appeal record does not have any affidavit in reply from Rucathi to any of this.…

…In our judgment he was right to dismiss the application and this appeal should also be dismissed. We make no order for the costs of the appeal. Delivered at Nairobi this 17th day of November, 1983. C B MADAN ………………………….…

…RESPONDENT RULING This is an application for stay of execution pending the hearing and determination of an intended appeal. It is made under O XLI rule 4 of the Civil Procedure Rules.…

…It is supported by an affidavit sworn on 1.9.93 by learned counsel for the applicant Mr Gikandi Ngibuini in which he deposes that he had studied the proceedings and judgment and was of the view that the appeal has overwhelming…

…Considering the filing of an amended Memorandum of Appeal, according to 0.41 r.1B, a party may amend the Memorandum of Appeal at any time without the leave of court before the court gives directions under 0.41 r.8B - i.e.…

…the appeal being listed before a Judge in Chambers to give directions.…

…The applicant has filed a Notice of Appeal. It has on undoubted right of Appeal.…

…One would have expected the applicant to show that an alternative parcel of land will not be suitable for the same business in the event the appeal succeeds. No figures have been given and one is left to speculate.…