Case law
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Division and case type: CivilMiscellaneous Application
…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…
…Normally, the court will look with little sympathy on an application to extend the time for filing the Notice of Appeal (as opposed to other more complicated steps), but in this case, mindful as I am of Mr Munikah’s plea…
Division and case type: CivilCivil Appeal
…DEFENDANT NOTICE OF APPEAL TAKE NOTICE that the Plaintiff herein BABER ALIBHAI MAWJI being dissatisfied with the Ruling of the Honourable Mr.…
…On 12th November, 1997, the appellant took out a notice of motion under rule 44 of the Rules to amend the notice of appeal.…
Division and case type: CivilCivil Appeal
…NO. 1058 OF 1995) *************** ORDER OF THE COURT This is an application under rule 80 of the Rules of this Court to strike out the Notice of appeal filed on 26th May, 1995 and appeal filed on 6th October, 1995 on the…
…ground that the notice of appeal was not served on all intended parties.…
Division and case type: CivilCivil Appeal
…It then filed a notice of appeal followed by an appeal. Neither of these documents was served on Karugu Contractors nor was Karugu Contractors joined as a respondent in the appeal.…
…lodging the notice of appeal, direct that service need not be effected on any person who took no part in the proceedings in the superior court."…
Division and case type: CivilCivil Suit
…Rule 82(a) provides that after a party who has lodged a notice of appeal fails to institute an appeal within the appointed time he shall be deemed to have withdrawn his notice of appeal and shall, unless the court otherwise…
…orders, be liable to pay the costs of any person on whom the notice of appeal was served.…
Division and case type: CivilCivil Appeal
…LTD...........................APPLICANT AND RAYMOND BUURI M'RIMBERIA..............................RESPONDENT (Application for extension of time to file Notice of Appeal and Record of Appeal out of time in an intended appeal…
…Considering all these matters I exercise my undoubted discretion to enlarge the time for filing the notice of appeal by ordering that the notice of appeal filed on 20th March, 1997 be deemed to be filed in time, as now extended…
Division and case type: CivilCivil Appeal
…NO. 2867 OF 1989) ********** R U L I N G This is an application under rule 4 of the Court of Appeal Rules for extension of time to file a notice of appeal and an appeal out of time, the first appeal filed by the applicant…
…I allow the application and extend the time for filing a notice of appeal by 7 days from today, and for filing a record of appeal by 14 days from the date of filing the notice of appeal.…
Division and case type: CriminalCriminal Appeal
….=, for extension of time to file a notice of appeal and an appeal, The decision against which Lesiolo Ltd (the applicant) wishes to appeal was given on 9th January, 1991.…
…In exercise of my discretion therefore, I allow this application and extend the time for lodging a notice of appeal to Tuesday 30th April, 1996, and for filing the appeal by 10 days from the date of filing the notice of appeal…
Division and case type: CivilCivil Appeal
…LTD...........................APPLICANT AND RAYMOND BUURI M'RIMBERIA..............................RESPONDENT (Application for extension of time to file Notice of Appeal and Record of Appeal out of time in an intended appeal…
…Considering all these matters I exercise my undoubted discretion to enlarge the time for filing the notice of appeal by ordering that the notice of appeal filed on 20th March, 1997 be deemed to be filed in time, as now extended…
Division and case type: CivilCivil Appeal
…Rule 81 of the rules of this court prescribes the period within which an intending appellant should institute his appeal namely, within 60 days of the date the notice of appeal was lodged.…
…The notice of appeal respecting Civil Appeal No. 206 of 1997 was lodged in the superior court on 23rd April, 1997, about four days after the decision appealed against was given.…
Division and case type: CivilCivil Appeal
…NAI. 29 OF 2000 BETWEEN A-D AVIATION (AIRCHARTER) LIMITED.......................APPLICANT AND INTERNATIONAL AIRBOATS LIMITED..........................RESPONDENT (An application for extension of time to file Notice and Record…
…of Appeal in an intended appal from a Ruling of the High Court of Kenya at Nairobi (Onyango Otieno, J.) dated 15.10.98 in H.C.C.C.…
Division and case type: CivilCase number Civil Application
…NAI 141 OF 1997 BETWEEN WILLIAM WAIRAGU MUIGAI.....................................APPLICANT AND THE TEACHERS SERVICE COMMISSION...............RESPONDENT RULING OF THE COURT The respondent filed notice of appeal in the superior…
…In the circumstances the notice of appeal filed by the respondent on 24th September, 1996 is struck out. The applicant will have costs of this application. Dated and delivered at Nairobi this 6th day of October, 1997.…
Division and case type: CivilCase number Civil Application
…She said she lodged a Notice of Appeal on December 4, 1985, that is 6 days after the judgment. She was obliged to lodge the appeal within 60 days from that date.…
…Counsel for the 1st respondent asked me to put a strict interpretation on rule 58 of the Court of Appeal Rules, with regard to the service of Notice of Appeal.…
Division and case type: CivilCivil Appeal
…On December 24, 1982, Mr Justice Gicheru dismissed with costs Wamunyama’s first appeal and on January 20, 1983, Wamunyama lodged his notice of appeal in the registry of the High Court at Kakamega.…
…The time for filing the notice of appeal in the registry of the High Court is extended to such time as will make the filing of it in time.…
Division and case type: CivilCase number Civil Application
…Those orders are sought on grounds that:- “(a) Though the applicant on 20th February, 2009 filed and served the notice of appeal against the ruling and order of the High Court dated 6th February 2009, leave to appeal was…
…as the ruling the applicant seeks to appeal from was delivered on 6th February 2009 and the notice of appeal was filed on 20th February 2009.…
Division and case type: CivilMiscellaneous Application
…Patel has submitted that the notice of appeal was filed out of time in that the judgment having been delivered on December 3, 1984 the latest date for filing the notice of appeal was December 7, 1984, but it was filed on…
Division and case type: CivilMiscellaneous Application
…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.…
…NO. 3782 OF 1991) ********************* RULING OF THE COURT By this application brought under rule 80 of the Rules of this Court, the applicant who is acting in person urges that the Notice of Appeal lodged in this court…
Division and case type: CivilCivil Appeal
…Ruling of the High Court of Kenya at Eldoret (Mbaya, J) dated 7th May, 1982 in Civil Case No. 111 of 1976 RULING OF THE COURT The respondent objects to this appeal being prosecuted on the grounds that he was not served with Notice…
…of Appeal within time which was file on 14th May, 1982 and should have been served within 7 days (rule 76 (1); secondly, the respondent was also not served with the Memorandum of Appeal and the record of Appeal within seven…
Division and case type: CivilCivil Suit
…Patel has submitted that the notice of appeal was filed out of time in that the judgment having been delivered on December 3, 1984 the latest date for filing the notice of appeal was December 7, 1984, but it was filed on…
Division and case type: CivilCase number Civil Application
…On 19th September, 1997, his notice of appeal was struck out by this Court for the reason of his non-compliance with the order of the single judge of this Court dated 18th October, 1993 extending time by 30 days within which…
…His present application does not seek extension of time within which to lodge the notice of appeal.…