Search court decisions

…That notice of appeal, or rather purported notice of appeal, was dated February 25, 1983, but not apparently filed in the High Court Registry until February 28, 1983. It was received in this registry on March 16, 1983.…

…that notice of appeal 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”.…

…Nyarangi J as he then was on July 18, 1980 gave judgment in favour of the Esso Standard Kenya (no plaintiff) the defendant filed notice of appeal on July 22 1980.…

…Notice of appeal struck out. June 5, 1985, Hancox JA, Platt & Gachuhi Ag JJA delivered the following Judgment.…

…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.…

…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who has lodged a notice of appeal fails to institute an appeal within the appointed time he shall be deemed to have withdrawn his notice of appeal and shall, unless the court otherwise…

…orders, be liable to pay the costs of any person on whom the notice of appeal was served.…

…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…

…The grounds in support are that the Stay of Execution which had been granted has been overtaken by the events on 17.5.2000 the Court of Appeal struck out the Notice of Appeal so that in reality there is no pending appeal.…

…I allow the application and order that the notice of appeal be filed within 7 days of the date hereof and served upon the respondents within a further seven days from the date of filing.…

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

…The defendant/applicant was aggrieved by that assessment and filed notice of appeal intending to appeal against the decree but before that could be done the court made an order that Kshs.361, 111.00 be paid out to the plaintiff…

…The applicant having filed a notice of appeal, an appeal to the Court of Appeal shall be deemed to have been filed (Order 41 Rule 4(4).…

…In compliance with this ruling, the Applicant indeed filed a notice of appeal indicating his intention to file an appeal to the Court of Appeal against the said decision of 18th November 2019.…

…Kasango) filed a Notice of Appeal on 28.11.2006 and consequently filed the appeal in the Court of Appeal on 12/03/07 in C.…

…Kasango) filed a Notice of Appeal on 28.11.2006 and consequently filed the appeal in the Court of Appeal on 12/03/07 in C.…

…The conditions in the amendment rule for the exercise of it are that a notice of appeal has been lodged in accordance with rule 74 and that if it is granted it will be so on such terms as the court may think just.…