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…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.…

…The respondent submitted that the applicants did not serve them with the notice of appeal and have failed to do so to date thus raising the question of competency of the notice of appeal.…

…For this reason we think that failure to serve the notice of appeal renders a notice of appeal incompetent including the record of appeal itself.…

…The respondent submitted that the applicants did not serve them with the notice of appeal and have failed to do so to date thus raising the question of competency of the notice of appeal.…

…For this reason we think that failure to serve the notice of appeal renders a notice of appeal incompetent including the record of appeal itself.…

…The Plaintiff averred that the Defendants, having withdrawn the notice of appeal challenging the judgment of 7th October 2022, there was no notice of appeal that would clothe the court with jurisdiction to entertain the present…

…of appeal has been given.”…

…Nyambega that the Notice of Appeal is incompetent. 7. Counsel further submitted that the time within which to strike out Notice of Appeal has lapsed. 8. Mr.…

…Litoro, for the 2 nd Applicant submitted that the Notice of Appeal in respect to the 2 nd Applicant is competent in that there is no requirement to cite the Court of Appeal Rules on the Notice of Appeal. 9.…

…Appeal to the Court of Appeal.…

…of appeal. (5) Where it is intended to appeal against a decree or order, it shall not be necessary that the decree or order be extracted before lodging the notice of appeal. (6) A notice of appeal shall be substantially…

…the 14 days statutory period for lodging a notice of appeal against the judgment had long lapsed.…

…The First Defendant’s case is that it lodged a notice of appeal dated 23rd March 2023. According to it, the notice of appeal was lodged in the High Court instead of this Court.…

…The plaintiff seeks an order that time within which to file notice of appeal against the judgment be extended and that notice of appeal filed on 12th July 2022 be deemed to have been filed and served within time.…

…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.…

…When he proceeded to collect the Notice of Appeal from the Court Registry, he was informed had payment of the Notice of Appeal had not reflected on the Court’s interface.…

…He avers that as a result, he paid again for the Notice of Appeal once again and requested for typed proceedings. 3.…

…That there is no explanation why Notice of Appeal was not ledged within 14 days from the date of the judgement.…

…That the court will have power to grant the 2nd limb of prayer 4 but there is no explanation why Notice of Appeal was not filed within time.…

…the Notice of Appeal filed herein had not lapsed. 5.…

…That a Notice of Appeal filed in this Court does not comprise of an appeal. Notice of Appeal without further steps cannot constitute an appeal.”…

…of Appeal dated 14th October, 2022; c)   On 23rd May 2025, the Court of Appeal deemed the said Notice of Appeal as withdrawn in Mombasa Court of Appeal Civil Application No.…

…of the intended appeal.…

…no Notice of Appeal filed or served does not arise.…

…Rule 74 itself does not talk about a valid notice of appeal.…

…That the Notice of appeal upon which stay of execution orders was granted is still alive and there are no issues which have arisen to warrant setting aside of the stay orders. 6.…

…The 1st and 2nd Respondents submit that the application is not merited as a Notice of Appeal was filed before the Court of Appeal. 8.…

…That there is no explanation why Notice of Appeal was not ledged within 14 days from the date of the judgement.…

…That the court will have power to grant the 2nd limb of prayer 4 but there is no explanation why Notice of Appeal was not filed within time.…

…of Appeal in respect of the decision delivered by the Honourable Justice Mwangi Njoroge on 19th January 2023 in NAKURU ELC NO 216 OF 2016. c) THAT the Notice of Appeal dated 13th February, 2023 annexed hereto be deemed as…

…of Appeal dated 13th February, 2023 on 16th February, 2023. 3.…

…The applicant filed and served the Plaintiff/Respondent on 19/12/2024 with notice of appeal dated 19/12/2024.…

…A notice of appeal only indicates an intention to appeal and does not, by itself, amount to an appeal. 13. In my view, the Haryanto Case reflects the true legal position on the nature and effect of a notice of appeal.…

…He deposed that he filed Notice of Appeal against the judgment and applied for certified proceedings.…

…He annexed copies of a Notice of Appeal and a letter requesting for certified proceedings and added that his appeal will be rendered nugatory.…

…He further averred that the Applicants filed a Notice of Appeal on 11th October, 2023 for a judgment delivered on 22nd September, 2023 thus out of time.…

…That 7 months later, the Applicants failed to file the Notice of Appeal. He averred that the Applicants ought to have filed a Record of Appeal within 60 days from the date of the Notice of Appeal.…