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….APELLANT AND BANK OF CREDIT & COMMERCE INTERNATIONAL (OVERSEAS) LTD...............RESPONDENT ORDER Mr Khanna, for the appellants, by a motion on notice of February 2, 1984, expressed to be brought under rules 42 and 96 of…

…the Court of Appeal Rules, asks this court to substitute as a party to the appeal in place of the late second appellant, Ajit Gurbaksh Singh, either Harbans Kaur, the widow, or one or both of the named executors of the deceased…

…He added that the firm had never lodged substantive appellate proceedings within the statutory timelines of 60 days set under Rule 84 of the Court of Appeal Rules. 4.   …

…He went on to depose that there was need for leave to properly lodge a fresh notice of appeal since the earlier one was deemed as withdrawn in view of the express provisions of Rule 85 of the Court of Appeal Rules and since…

…On the competency of the Notices of Appeal, I have read the Court of Appeal Rules, specifically Rule 75 and 76. I agree with Mr.…

…The Notice of Appeal by the 1 st and 3 rd Applicants has quoted Rule 75 of the Court of Appeal Rules while that by the 2 nd Applicant has not quoted any rule.…

…What is disputed is whether the said notice was served within the time provided in Rule 79(1) of the Court of Appeal Rules, 2022.…

…the Court of Appeal Rules.…

…The defendants have based their contention that this court lacks jurisdiction on Rules 4 and 75 of the Court of Appeal Rules 2010. I agree with the plaintiff that those two rules are irrelevant to the issue at hand.…

…In view of Rule 77 (2) of the Court of Appeal Rules, notice of appeal was to be lodged within fourteen days of delivery of the judgment, that is, by the end of the day on 12th July 2022.…

…The Motion which is brought under Rules 44(1), 45(1) and 49 of the Court of Appeal Rules, Section 3A and 3B of the Appellate Jurisdiction Act and all other enabling provisions of the law seeks the following residual orders…

…(i) Whether the Court of Appeal Rules apply in this case. (ii) Whether litigation is over in this Court. (iii) Whether land sold to 3rd parties is recoverable.…

…the Court of Appeal Rules”, and ground 13 of the Motion asserts the converse.…

…The expression “the Court” in those Rules means the Court of Appeal.…

…It is submitted that non service of the notice of appeal is contrary to the provisions of Rule 79(1) of the Court of Appeal Rules.…

…Rule 79 of the Court of Appeal rules provides: An intended appellant shall, before or within seven days after lodging notice of appeal under rule 77, serve copies of the notice on all persons directly affected by the appeal…

…It is submitted that non service of the notice of appeal is contrary to the provisions of Rule 79(1) of the Court of Appeal Rules.…

…Rule 79 of the Court of Appeal rules provides: An intended appellant shall, before or within seven days after lodging notice of appeal under rule 77, serve copies of the notice on all persons directly affected by the appeal…

…That no appeal lies as per the provision of Order 77 Rules 1, 2 and 3 and Order 84 of the Court of Appeal Rules. The application was heard orally on 3rd June, 2025.…

…On behalf of the Respondents, it was submitted that the Memorandum of Appeal filed does not satisfy the Court of Appeal Rules. That there is no appeal filed hence the stay sought is only intended to delay the process.…

…the Court of Appeal Rules to grant the stay of proceedings, stay of execution and injunction as the case may be.…

…the Court of Appeal Rules, 2022 which states and we quote: “………Subject to subrule (1), the institution of an appeal shall not operate to suspend any sentence or to stay execution, but the Court may: a) …………………………………………………

…E107 of 2023 which Ruling deemed the Defendant’s Notice of Appeal as withdrawn under Rule 85 (1) of the Court of Appeal Rules, 2022.  …

…It was also apparent that after lodging the Notice of Appeal, the Defendant did not take any steps to lodge a Record of Appeal before the Court of Appeal as required under Rule 82 (1) and (2) of the Court of Appeal Rules.…

…the Court of Appeal Rules. 6.…

…since the record of appeal is filed in the Court of Appeal and the Court of Appeal rules define “court” as the Court of Appeal, it is my finding that the court that has jurisdiction to deem a notice of appeal as withdrawn…

…In terms of Rule 84 of the Court of Appeal Rules and that the issues of contempt were not satisfactorily proven to warrant the court to set aside the stay of execution orders. 9.…

…The Respondent submits that the Notice of Appeal dated 18th March 2024 is still valid and alive under Rule 84 of the Court of Appeal Rules. A determination of this issue shall also determine the application. 11.…

…Pursuant to Order 42 rule 6 (4) of the Civil Procedure Rules and Rule 77 (2) of the Court of Appeal Rules, Notice of Appeal was to be lodged within fourteen days of delivery of the judgment, that is, by the end of the day…

…In any case, a filing on 15th May 2024 would be contrary to the provisions of Rule 77 (2) of the Court of Appeal Rules, thereby necessitating an application for enlargement of time.…

…As that Appeal is not before this court, it is the Court of Appeal where it is, that can peruse the record and determine those two grounds under Rule 5 (2) (b) of the Court of Appeal Rules.…

…In addition to the replying affidavit there was also filed a notice of preliminary objection contending that this court has no jurisdiction in light of Rules 4 and 77 of the Court of Appeal Rules, 2022.…

…I was also referred to Rule 4 of the Court of Appeal Rules which provides as follows : 4.…

…Appeal was filed and served out of time without leave of Court hence fatally defective, hopeless, for dismissal; offends Section 66 of the Civil Procedure Act as read with Order 42 Rule 6(4); Rule 77 (1) and (2) and Rule 79 of…

…the Court of Appeal Rules.” 12.…

…The Plaintiff averred that the application could only be entertained by the Court of Appeal under Rule 5 (2) (b) of the Court of Appeal Rules.…

…Such an order can only be granted by the Court of Appeal under Rule 5(2)(b) of the Court of Appeal Rules 2022.…