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…IN THE COURT OF APPEAL AT NAIROBI CORAM: TUNOI, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 167 OF 1996 BETWEEN CENTRAL KENYA LIMITED ......................................................…

…Time for service of the Notice of Appeal dated 30th April, 1996 is extended and the attached Notice is deemed duly and properly served on all interested parties for the purposes of the intended appeal.…

…IN THE COURT OF APPEAL AT MOMBASA (CORAM: KNELLER, HANCOX & NYARANGI JJA) CRIMINAL APPEAL NO 177 OF 1984 BETWEEN KARIUKI & ANOTHER .................... APPELLANT AND REPUBLIC......................................…

…As section 361 is specifically stated not to apply to a decision such as the one appealed from in this case, it follows that we have no jurisdiction to entertain these appeals.…

…The le was then placed in my chambers for admission of the appeal. 6. Ordinarily, the High Court admits all appeals once the lower court le is availed. However, admission of the appeal is not automatic.…

…The court must examine whether the appeal is competently before it so that an appeal is not admitted merely for parties to engage into academic exercise before the court. for example, where the appeal was led out of time…

…He sought admission to bail pending the hearing and determination of the appeal.…

…The application was premised on ground that the appeal had a high chance of success and further that the appeal may take long to be determined which would prejudice the applicant.…

…The said Justus Kalinga filed a further affidavit on 15th March, 1989 in which he has stated for the first time that the debtor had appealed against the said decree to the Court of Appeal and the said appeal is still pending…

…He has not attached the Memorandum of appeal in that appeal. Nor has he attached any other evidence to show that the appeal had been filed and it is still pending.…

…She appealed to the Asylum and Immigration Tribunal (Appeal No. AA/03740/2009) and on 18th September 2009 her appeal was dismissed.…

…The remedy for errors of these kinds is to appeal to a higher court. Where there is no higher court to appeal to then none can say there was an error...”…

…sought is not granted, then the appeal if it succeeds, would be rendered nugatory.…

…Finally, some remarks on the applicant’s pending appeal.…

…That the decision of the Appeals Board is final and the Applicant cannot come to court to seek review.…

…Annan also urged that the Applicant had submitted himself to the jurisdiction of the Language Appeals Board set up under paragraph 5 of the 2nd Schedule of Regulations made under Cap 7 and that once he filed an appeal, that…

…That order has neither been appealed against, set aside nor reviewed on the instigation of the applicant.…

…Yet he brought this other and similar application on the grounds that Githinji j did not hear the merits on 25/4/91 and that applicant choose to bring a fresh application rather than seek an appeal, setting aside or a review…

…That the decision of the Appeals Board is final and the Applicant cannot come to court to seek review.…

…Annan also urged that the Applicant had submitted himself to the jurisdiction of the Language Appeals Board set up under paragraph 5 of the 2nd Schedule of Regulations made under Cap 7 and that once he filed an appeal, that…

…Nyamu relied on the cases of Kenya Commercial Bank Ltd vs Benjoh Amalgamated Ltd & Another Civil Appeal No.276 of 1997, the Board of Trustees National Social Security Fund vs Michael Mwalo Civil Appeal No.293 of 2014 and…

…For example, the Court of Appeal in CMC Holdings Ltd vs Nzioki [2004] KLR 173 held; “In an application for setting aside ex parte judgment, the Court exercises its discretion in allowing or rejecting the same.…

…No. 262 of 2018 Mukuru Kwa Njenga Slum Residents & 12 Others vs Nairobi County Government & 13 Others, HCCC No. 876 of 2004 and Civil Appeal No. 32 of 2014 thereto as well as ELC No.…

…The 1st, 2nd and 3rd Respondent’s Submissions are dated 2nd November, 2023 where they asserted that the ownership of the Original Title has been determined by the High Court, Court of Appeal and this Court severally.…

…Mr Kibet has suggested that the proper course for Mr Gatonye to adopt would be to appeal against my judgment or seek its review.…

…In similar terms, while considering an application for joinder of a party as a defendant in a regular suit, the Court of Appeal at Malindi in Civicon Limited v Kivuwatt Limited & 2 others [2015] eKLR held as follows: “From…

…Indeed, the Court of Appeal (Ouko, JA with whom Musinga, Kiage, M’Inoti and J.…

…DYNAMICS ENGINEERING Ltd. [1982-88] 1 KAR 1001in which it was held by the Court of Appeal that the failure to comply with Rule 23 was not fatal to the petition and there was no evidence to suggest that, at this stage the…