Case law
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Division and case type: FamilySuccession Cause
…Justice Owuor) dated 9th December, 1998 in Succession Cause No. 2572 of 1996) ************************** RULING OF THE COURT The respondent filed a notice of appeal on 18th December, 1998, declaring his intention to appeal…
…In the circumstances it is quite clear that he went to sleep and the applicant has quite properly applied to have the notice of appeal struck out.…
Division and case type: CivilCivil Case
…That notice of appeal, or rather purported notice of appeal, was dated February 25, 1983, but not apparently filed in the High Court Registry until February 28, 1983. It was received in this registry on March 16, 1983.…
…that notice of appeal out of time, because he had no instructions, but that he nevertheless took steps towards the filing of the appeal, including the filing of the purported notice of appeal, “purely as a precaution”.…
Division and case type: CivilCivil Case
…Even if it is accepted that a notice of appeal is not struck out when an incompetent appeal is struck out, it can only mean a valid notice of appeal can survive. An invalid notice of appeal is no notice at all.…
…As I have said no appeal can be filed unless a valid notice of appeal to precede it has been filed. In other words a valid notice of appeal is the basis of a competent appeal.…
Division and case type: FamilySuccession Cause
…RESPONDENT (Application for striking out a notice of appeal filed on 13th July, 1994 in an intended appeal from the judgment of the High Court of Kenya (Mr. Justice A.B.…
…In the circumstance we allow the application and order that the Notice of Appeal filed herein on 13th July, 1994 and dated 11th July, 1994 be and is hereby struck out with costs for the applicant assessed at Shs.500/-, to…
Division and case type: CivilCivil Case
…I allow the application and order that the notice of appeal be filed within 7 days of the date hereof and served upon the respondents within a further seven days from the date of filing.…
Division and case type: CivilCivil Case
…The applicant has filed a Notice of Appeal. It has on undoubted right of Appeal.…
Division and case type: CivilCivil Case
…The defendant/applicant was aggrieved by that assessment and filed notice of appeal intending to appeal against the decree but before that could be done the court made an order that Kshs.361, 111.00 be paid out to the plaintiff…
Division and case type: CivilCivil Case
…The applicant having filed a notice of appeal, an appeal to the Court of Appeal shall be deemed to have been filed (Order 41 Rule 4(4).…
Division and case type: FamilySuccession Cause
…jurisdiction because judgment had been delivered, the court was functus officio and could not entertain the application especially that the application was for review and the respondent had preferred an appeal by filing the notice…
…of appeal. 3.…
Division and case type: Milimani Commercial CourtsCivil Case
…Kasango) filed a Notice of Appeal on 28.11.2006 and consequently filed the appeal in the Court of Appeal on 12/03/07 in C.…
Division and case type: Milimani Commercial CourtsCivil Case
…Kasango) filed a Notice of Appeal on 28.11.2006 and consequently filed the appeal in the Court of Appeal on 12/03/07 in C.…