Search court decisions

…It was then that the applicant was roused to seek extension of time to lodge a Notice of Appeal in particular against the order of the superior court directing the release of the money forfeited to the Central Bank of Kenya…

…In the result, we allow this reference, set aside the order of the single judge of this Court dismissing the applicant's application for extension of time to lodge a Notice of Appeal and to deem its Notice of Appeal lodged…

…Sacharia (1982-88) 1 KAR, that since Rule 76(1) permits a notice of appeal to be served on persons affected by the appeal even before the lodging of the notice of appeal, and Rule 74(6) which relates to the substance of notice…

…of appeal only requires that it be signed by or on behalf of the appellant, such a notice of appeal does not require to have been first signed by the Registrar before it is served.…

…The applicant filed notice of appeal against the High Court order on 5th February 1988. It is against this High Court Order that the application is made for stay of execution pending the hearing of the intended appeal.…

…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”.…

…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”.…

…Nyarangi J as he then was on July 18, 1980 gave judgment in favour of the Esso Standard Kenya (no plaintiff) the defendant filed notice of appeal on July 22 1980.…

…Notice of appeal struck out. June 5, 1985, Hancox JA, Platt & Gachuhi Ag JJA delivered the following Judgment.…

…Nyarangi J as he then was on July 18, 1980 gave judgment in favour of the Esso Standard Kenya (no plaintiff) the defendant filed notice of appeal on July 22 1980.…

…Notice of appeal struck out. June 5, 1985, Hancox JA, Platt & Gachuhi Ag JJA delivered the following Judgment.…

…Accordingly, I order that Notice of Appeal be filed within 7 days from today and the Record of Appeal within 21 days thereafter.…

…the Notice of Appeal referred to able and to his office generally.…

…Notice of Appeal was handed over to him.…

…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.…

…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.…

…be extended to 16th February, 1996 when a copy of the Notice of Appeal was personally served upon the first respondent's Managing Director.…

…As the first respondent has in effect actually denied receiving a copy of the Notice of Appeal, I am compelled in the absence of a postal certificate to hold that the first Notice of Appeal herein may not have been properly…

…The uncertainty as regards the date of filing that notice of appeal is of no consequence now. That notice of appeal was filed out of time without leave.…

…In that case the excuse by Counsel for not filing the notice of appeal in time was that as no leave to appeal was obtained, no notice of appeal could be filed.…

…Notice of appeal was not served upon the respondent as required by rule 76(1); consequently, 2.…

…The respondent was unable to comply with the mandatory provisions of rule 78(1)(a) which requires that every person on whom a notice of appeal is served shall within fourteen days after service on him of the notice of appeal…

…NO. 2560`A' OF 1989 R U L I N G The present application is for the extension of time for the filing of a Notice of Appeal in an intended appeal and the related record of appeal.…

…The fact that the Notice of Appeal in question is date stamped by the registry of the High Court and signed by the Deputy Registrar of the High Court, in my view, makes the failure of the Notice of Appeal to contain the date…

…NO. 911 OF 1991) *********************** R U L I N G This is an application for leave to file Notice of appeal out of time. (Rule 4). Ruling about which the Notice of appeal relates was delivered on 17th February, 1993.…

…The Notice of appeal was filed on 16th March, 1993. The actual judgment is a foreign judgment and instructions had to be sought from Rwanda. The delay is inordinate.…

…He also referred to the fact that earlier notices of appeal had been withdrawn. But on this issue of withdrawn notices of appeal, I find that Mr. Nyakeno has given acceptable explanation.…

…There has been serious efforts to mount an appeal but this cannot be done without filing a Notice of Appeal.…

…Before one can file an appeal, one has to file a notice of appeal within 14 days form the date of the judgment. The applicant has not filed a notice of appeal.…

…Since the judgment was delivered in July, 1986, the applicant can only file notice of appeal with the leave of the court extending such time to enable him to do so.…

…No doubt in theory the notice of appeal could have been lodged within 14 days of March 24, 1987.…

…If the plaintiff gets a notice of appeal now concerning the damages the tardy service of the notice on liability cannot prejudice him.…