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…LAW SOCIETY OF KENYA…………………..RESPONDENT (In an intended appeal from the High Court at Nairobi, Porter J) RULING Geoffrey Ndung’u Theuri, the applicant, by an ex parte motion on notice filed by July 31, 1984 under rule 112 of…

…the Court of Appeal Rules (cap 9), moves that the court by orders directs that his intended appeal may be lodged without prior payment of fees of court, or on payment of any specified amount less than the required fees,…

…the Court of Appeal Rules which requires one to lodge an appeal within 60 days after lodging the Notice of Appeal.…

…The 2nd Defendant/Applicant’s Written Submissions 12.Counsel for the Applicant submitted that the preliminary objection had no merit and relied on Rule 84 of the Court of Appeal Rules, 2010.…

…In the circumstances and in view of the dilatoriness in the applicant's present application, I decline to exercise my discretion under rule 4 of the Court of Appeal Rules in favour of the applicant.…

…Rule 75 of the Court of Appeal Rules provides as follows; 1. Any person who desires to appeal to the court shall give notice in writing, which shall be lodged in duplicate with the Registrar of the Superior Court. 2.…

…After a full and comprehensive review and consideration a bench of 5 (five) Judges of the Court of Appeal ruled that rule 14 is inconsistent with section 20(1)(a) of the Act and therefore the rule has to give way to the provisions…

…in the Court of Appeal rules but outside 30 days prescribed under the Act.…

…Three days after Mr Justice O’Connor’s ruling the company filed an appeal from them in the High Court and an ex parte motion on notice under rule 5(2) of the Court of Appeal Rules with a certificate of urgency.…

…It took a little time to persuade the advocates that under rule 5(2)(b) the court has its own jurisdiction to grant an injunction pending an appeal since February 8, 1984 when it was provided for by clause 3 of the Court…

…By an order made on 5 th May 2026 (annexed as DMM-2 ), a bench of Asike-Makhandia, Mwita and Ongaya, JJ.A. acting pursuant to Rule 58(1) of the Court of Appeal Rules dismissed that application with costs. 9.…