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…Notice of intended appeal was filed on May, 7 and served on May 10 this year.…

…Secondly, I will outline the background to the intended appeal.…

…IN THE COURT OF APPEAL AT NAIROBI (Coram: Hancox, J A (In Chambers) CIVIL APPLICATION NO NAI 40 OF 1983 (In the matter of an intended appeal) BETWEEN 1. CLEOPHAS MASINDE SIMIYU……..………………………...APPLICANTS 2.…

…ANGARA JUMA WATAMBAMALA (Appeal for extension of time to file notice of appeal in an intended appeal from the judgment of the high court of Kenya at Kakamega (Gicheru, J) dated 8th August, 1983) In HIGH COURT CIVIL CASE NO…

…UR. 62/99) BETWEEN MOSES KIPNGETICH KURGAT ..............................APPLICANT AND THE DISCIPLINARY COMMITTEE OF THE LAW SOCIETY ...................................RESPONDENT (Application for stay of execution in an intended…

…appeal from the ruling and order of the High Court of Kenya at Nairobi (Hon.…

…NAI. 4 OF 1999 BETWEEN GHARIB MOHAMED GHARIB.............................APPLICANT AND SULEKHA MOHAMED NAAMAN.............................RESPONDENT (An application to file appeal out of time in an intended appeal from a…

…APPLICATION NO NAI 41 OF 1985 Between BATHOLOMEW MUYALE .............................APPLICANT AND SHEM NYAMBASI MULEFU ...........................DEFENDANT ELIJA NANDI CHIKAMAI................................DEFENDANT (In an intended…

…appeal from an order of the High Court at Kakamega, Aganyanya J in Civil Suit No 13 of 1979) ************************* JUDGMENT August 9, 1985, Gachuhi J delivered the following Judgment.…

….…..RESPONDENT R U L I N G The applicant has come to this court under Section 79 G of the Civil Procedure Act seeking leave of this court to file his intended appeal against the judgment delivered on 20th November 2002 in…

…It is evident that the judgment subject of the intended appeal was delivered on 20th November 2002 and that the applicant applied for copies of the proceedings and judgment on 21st November 2002 but did not receive them until…

…APPLICATION NO NAI 41 OF 1985 Between BATHOLOMEW MUYALE .............................APPLICANT AND SHEM NYAMBASI MULEFU ...........................DEFENDANT ELIJA NANDI CHIKAMAI................................DEFENDANT (In an intended…

…appeal from an order of the High Court at Kakamega, Aganyanya J in Civil Suit No 13 of 1979) ************************* JUDGMENT August 9, 1985, Gachuhi J delivered the following Judgment.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Potter, Kneller and Hancox, JJ.A) CIVIL APPLICATION NAI 25 OF 1983 (In the Matter of an intended appeal) BETWEEN JAMES MACHARIA GICHUKI………………………………………….....APPLICATION…

…Three days later, this court made the consent order with no order as to costs on the undertaking of the respondent’s advocate, Mr Nowrojee, that he would prosecute the intended appeal expeditiously.…

………APPLICANT AND KIMUNGU…………………………………RESPONDENT (In an intended appeal from the High Court at Nairobi, Gachuhi J) RULING This application is in two parts, the first to extend the time for filing the notice of appeal and the…

…This was dismissed on July 4, 1983, with leave to Muita Njuguna, inter alia, to file a fresh application to have the time for filing and serving notice of intended appeal extended, presumably because it had by that time been…

…On 18th October, 1993, time to lodge the record of the applicant's intended appeal to this Court was extended by 30 days from the date hereinabove mentioned.…

…It is now over five years since the time for lodging the record of the applicant's intended appeal was granted on 18th October, 1993.…

…appeal from an order of the High Court of Kenya at Machakos (Osiemo, J.) dated 11th July, 1994 in H.C.C.C.…

…Wheter or not the applicant's intended appeal is frivolous is not a matter that can be properly debated in an application such as the present one in view of the materials presently available in the record of the same.…

…Unfortunately the initial letter the registrar dated July 22, 1980 was not copied to the respondent to the intended appeal or their advocate as Rule 81 (2) requires. Held: 1.…

…Cannot be invoked unless a copy of the letter to the registrar asking for certified copied of proceedings and judgments is copied to and sent to the respondent to the intended appeal by their advocate within 30 days of the…

…Unfortunately the initial letter the registrar dated July 22, 1980 was not copied to the respondent to the intended appeal or their advocate as Rule 81 (2) requires. Held: 1.…

…Cannot be invoked unless a copy of the letter to the registrar asking for certified copied of proceedings and judgments is copied to and sent to the respondent to the intended appeal by their advocate within 30 days of the…

…THE COMMISSIONER OF LANDS ........................RESPONDENTS (Application for leave to file and serve Notice and Record of appeal out of time in an intended appeal from a Ruling & Order of the High Court of Kenya at Meru…

…The costs of this application shall abide the outcome of the intended appeal. Dated and delivered at Nairobi this 31st day of May, 1999. A.A. LAKHA .................…

…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.…

…APPLICANT AND DIAMOND TRUST BANK (K) LTD .........................RESPONDENT (An application for stay of execution in an intended appeal from a judgment and decree of the High Court of Kenya at Nairobi (Khamoni J) dated 2nd…

…WAREHOUSE/ALLIED WHARFAGE….RESPONDENT RULING This is an application for stay of the execution of the Ruling of this court dated the 16th of June, 1995 and the orders made therein pending the hearing and determination of an intended…

…appeal to the Kenya Court of Appeal.…

…WAREHOUSE/ALLIED WHARFAGE….RESPONDENT RULING This is an application for stay of the execution of the Ruling of this court dated the 16th of June, 1995 and the orders made therein pending the hearing and determination of an intended…

…appeal to the Kenya Court of Appeal.…

…Megarry, J granted the intended injunction pending appeal which the applicant sought on the principle that: “when a party is appealing, exercising his undoubted right of appeal, the court ought to see that the appeal if successful…

…Seeing, therefore, we were not sitting on appeal from Mr Justice O’Connor, and for less were we dealing with the intended appeal, and cannot deal with the trial, much of what was put before us in documents, authorities and…