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…A summary of the facts in the two cases will make the issues raised in this appeal clear.…

…This appeal is against the ruling allowing those applications. The Appellant has listed 10 long grounds of appeal which raise three main issues.…

…That there are no grounds of appeal enclosed andno where in the affidavit is there evidence showing that ifthis order is NOT made the appeal will be nugatory. Mr. Gikandi together with Mr.…

…Unless an appeal isbased against the finding that LSK is a "person" , I with greatrespect do not see how any such appeal can be a serious appeal. Mrs.…

…RESPONDENT RULING This is an application for stay of execution pending the hearing and determination of an intended appeal. It is made under O XLI rule 4 of the Civil Procedure Rules.…

…It is supported by an affidavit sworn on 1.9.93 by learned counsel for the applicant Mr Gikandi Ngibuini in which he deposes that he had studied the proceedings and judgment and was of the view that the appeal has overwhelming…

…to the Kenya Court of Appeal.…

…It is against this order that the Applicant’s wish to proceed on appeal. I accept that sugar is a perishable commodity and may not be safely kept in a go down for unduly long period of time.…

…to the Kenya Court of Appeal.…

…It is against this order that the Applicant’s wish to proceed on appeal. I accept that sugar is a perishable commodity and may not be safely kept in a go down for unduly long period of time.…

…Any party who is aggrieved by the decision of that Tribunal may, within 30 days of the decision appeal to the Appeals Committee constituted for the province in which the land in dispute is situated, with a provision that…

…either party to that appeal may appeal from the decision of the Appeals Committee to the High Court on a point of law within 60 days from the date of the decision complained of.…

…Chumo, K Samson v Kipkerena Koech Court of Appeal (NKU) Civil Appeal No 135 of 1989 Statutes 1. Civil Procedure Rules (cap 21 Sub Leg) order IXA rules 5, 10, 11 2.…

…The mistakes of their advocate should not be visited on the clients (see Samson K Chumo v Kipkera Koech Court of Appeal Civil Appeal No 135 of 1989 NKU).…

…The plaintiff has given notice of intention to appeal against the ruling of Shields, J and the defendants in opposing the appeal, should one be eventually filed, will inevitably incur costs.…

…not furnish security breached order 38 r 5 and was a nullity. ” - See Ndirangu v Abdallah CA 10/79 (UR) courts are normally slow to order the attachment of a defendant’s property before judgement because as the court of Appeal…

…Such procedure was discouraged by the Court of Appeal in “The Ripples Case” CA NAI 186/92 (NAI.77/92 UR) court Bailiffs have sufficient powers under the law to enforce court orders. Orders accordingly.…

…That criteria has been expressly approved by both the former court of appeal for Eastern Africa and the present Kenyan Court of Appeal (see for example NSUBUGA –vMUTAWE [1974] E.A. 487, ABEL SALIM & OTHERS –vsOKONGO & OTHERS…

…is that there is a presumption of service as stated in the process server’s report and the burden lies on the party questioning it, to show that the return is incorrect – see Shadrack K Arap Baiywo v Bodi Bach – Court of Appeal…

…Kisumu Civil Appeal No 122 of 1986.…

…The first one was to appeal against the refusal to adjourn the case and against the decision. Secondly, accept the decision of the Court and comply with it. A decision of the court under O XVI rule 4 is appellable.…

…There is the procedure provided for in the Civil Procedure Act and Rules for lodging appeals. There is no lacuna as was contended.…

…The Court of Appeal while dismissing the appeal felt that the award was on the high side. That was in October 1978.…

…The English Court of Appeal held that the document so signed recording Mrs Ingles evidence, was admissible in the English suit. I find the ruling in that case more pertinent to the present situation.…

…The Court of Appeal while dismissing the appeal felt that the award was on the high side. That was in October 1978.…

…As was stated by the Court of Appeal in the case of Issa & Co v Jeraji Produce Store [1967] EA 555, once a cheque has been given based upon some consideration, “then in a suit upon that cheque the court cannot go into the…

…Unless the directors of the objector, who had been parties to the application which culminated in that ruling, succeeded on appeal and had that ruling set aside I am bound to find and hold that objection against the attachment…

…This court is not sitting on an appeal. I concede that estoppel may not at all times be raised successfully as a point in limine. It depends on the circumstances of each case.…

…This aspect was adequately addressed by the Court of Appeal in the case of Flora N Wasike v Destimo Wamboko (1982-1988) KAR 625 where it was said that a consent judgment or order has the contractual effect and can only be…