Case law
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Division and case type: CivilCivil Case
…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”.…
Division and case type: GeneralUnclassified
…Accordingly, I order that Notice of Appeal be filed within 7 days from today and the Record of Appeal within 21 days thereafter.…
Division and case type: CivilCivil Case
…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.…
Division and case type: GeneralUnclassified
…of Appeal out of time in an intended appeal from a Judgment of the High Court of Kenya at Nairobi (Justice Githinji) dated 25th March, 1996 in H.C.SUCC.C.…
…NO. 320 OF 1991) ******************* R U L I N G This is an application under Rule 4 of the Rules of this Court seeking an extension to file the Notice of Appeal and the Record of Appeal out of time.…
Division and case type: GeneralUnclassified
…NO. 911 OF 1991) *********************** R U L I N G This is an application for leave to file Notice of appeal out of time. (Rule 4). Ruling about which the Notice of appeal relates was delivered on 17th February, 1993.…
…The Notice of appeal was filed on 16th March, 1993. The actual judgment is a foreign judgment and instructions had to be sought from Rwanda. The delay is inordinate.…
Division and case type: GeneralUnclassified
…RESPONDENT (Application for striking out of the Notice of Appeal in an intended appeal from a judgment of the High Court of Kenya at Nairobi (Pall, J.) dated 8th September, 1991 in H.C.C.C.…
…NO. 3782 OF 1991) ********************* RULING OF THE COURT By this application brought under rule 80 of the Rules of this Court, the applicant who is acting in person urges that the Notice of Appeal lodged in this court…
Division and case type: GeneralUnclassified
…The applicant has fully explained the circumstances which led to the notice of appeal being filed out of time. I do not understand Mrs Nyakundi to be saying that the explanation given is false.…
…Mugo that his court clerk failed him and that as soon as he discovered this he acted immediately and filed the notice of appeal.…
Division and case type: GeneralUnclassified
…and Record of Appeal from the Judgment of the High Court of Kenya at Nairobi (Justice Githinji) dated 13th October, 1997 in H.C.C.C.…
…NO. 379 OF 1986) ************* R U L I N G This is an application under rule 4 of the Rules of this Court for an extension of time to file a notice of appeal and a record of appeal out of time.…
Division and case type: GeneralUnclassified
…MUMIAS SUGAR COMPANY LTD .........................RESPONDENT (Being an application for extension of time to serve notice of appeal out of time in an intended appeal from the judgement of the High Court of Kenya at Nairobi…
…Guserwa, Counsel on record for the applicant has applied for leave to withdraw this application on the ground that the Notice of Appeal sought to be served out of time was not filed by the applicant but a different person…
Division and case type: GeneralUnclassified
…The Notice of Appeal shall be filed within 7 days from today and the record within 30 days thereafter. Dated and delivered at Nairobi this 14th day of April, 1999. A.A. LAKHA ...............…
Division and case type: GeneralUnclassified
…The Notice of Appeal was filed within the prescribed time. An application for copies of proceedings (copied to the other side) was made on 10 March, 1999 and these were collected on 8 May, 1998 .…
Division and case type: CivilCivil Case
…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.…
Division and case type: GeneralUnclassified
…Court against the ruling of the learned single Judge of this Court whereby he exercised his discretion under rule 4 of the Rules of this Court in favour of the respondent and granted him extension of time for lodging the Notice…
…of Appeal and the record of appeal.…
Division and case type: CivilCivil Case
…The applicant has filed a Notice of Appeal. It has on undoubted right of Appeal.…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Case
…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).…
Division and case type: GeneralUnclassified
…The notice of appeal was filed on July 4, 1990 within the prescribed time and although the affidavit in support (the affidavit) by Mr.…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…