Case law
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Division and case type: CivilMiscellaneous 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.…
Division and case type: CivilCase number Civil Application
…The applicants original appeal NO. 80 of 1996 was struck out by this Court on 10th April, 1997 for the reason that the notice of appeal contained therein was unsigned by or on behalf of the applicants as is required by rule…
…74(6) of the Rules of this Court with the result that there was no notice of appeal in that appeal rendering the same incompetent.…
Division and case type: CivilCivil Appeal
…ruling of a learned single judge of this Court delivered on 25th September, 2001, whereby, in exercise of his powers under rule 4 of our rules, he refused to grant the applicant extension of time within which to file a notice…
…of appeal in an intended appeal by the applicant.…
Division and case type: CivilCase number Civil Application
…In the second, Rajnikant Joshi seeks to strike out the notice of appeal because a step has not been taken, namely, to lodge the record of appeal within time.…
…Notice of appeal was given on July 7, 1987. On July 9, copies of proceedings and ruling were bespoken. Unfortunately, Mr Gikandi failed to copy this request to the respondent.…
Division and case type: CivilMiscellaneous Application
…It is an application by Kaplan & Stratton, Advocates, for extension of time for lodging a Notice of Appeal and Memorandum and Record of Appeal.…
…On 19th January, 1998 the applicant filed a Notice of Appeal consist only that portion of the said decision which ordered costs to be borne by them. No appeal followed.…
Division and case type: CivilCivil Appeal
…It is an application by Kaplan & Stratton, Advocates, for extension of time for lodging a Notice of Appeal and Memorandum and Record of Appeal.…
…On 19th January, 1998 the applicant filed a Notice of Appeal consist only that portion of the said decision which ordered costs to be borne by them. No appeal followed.…
Division and case type: CriminalCriminal Appeal
…RESPONDENT (An application to appeal out of time in the High Court of Kenya at Nakuru (Lady Justice Nambuye) dated 18th day of December, 1998 R U L I N G I hereby grant leave to the applicant, Calib Kiprotich Sawe to lodge his notice…
…of appeal out of time.…
Division and case type: CivilCivil Suit
…The grounds in support are that the Stay of Execution which had been granted has been overtaken by the events on 17.5.2000 the Court of Appeal struck out the Notice of Appeal so that in reality there is no pending appeal.…
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 Appeal
…We may add that we seised of the attack on the judgment entered by Aganyanya , J. against which there is no notice of appeal or any appeal. For these reason the appeal is dismissed with costs.…
Division and case type: CivilCivil Appeal
…NO. 269 OF 1989) O R D E R This is an application under rule 4 of the Rules of this Court for an extension of time to file a notice of appeal.…
Division and case type: CivilCivil Appeal
…The applicant filed its notice of appeal on the 20th February, 1996. On the 14th February, 1996 the applicant applied for the proceedings and ruling and that letter was duly copied to counsel for both respondents.…
Division and case type: CivilCase number Civil Application
…The applicant will benefit from the 162 days and in the end, as far as I can judge of the matter, the applicant, who had to institute the intended appeal within 60 days of the date when the notice of the appeal was lodged…
…(the notice of appeal was lodged on August 5, 1986) had until January 17, 1987 to institute the intended appeal.…
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 Appeal
…The applicant was dissatisfied with the Judge's decision and on the 4th March, 1996, the applicant lodged a notice of appeal.…
Division and case type: CivilMiscellaneous Application
…NO. 160 OF 1998) ************* R U L I N G This application for extension of time to file the notice of appeal and the record of appeal was filed on 27 May, 1999 within a week of Civil Appeal No. 154 of 1998 being struck…
Division and case type: CriminalMiscellaneous Application
…THE COMMISSIONER OF LANDS ........................RESPONDENTS (Application for leave to file and serve Notice and Record of appeal out of time in an intended appeal from a Ruling & Order of the High Court of Kenya at Meru…
…Accordingly, I order that the applicant shall file, within seven days from today, a notice of appeal and serve the same within seven days therefrom and that the record of appeal shall be filed within thirty days thereafter…
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: CivilCivil Appeal
…The applicant has obtained extension of time to lodge a new appeal and has filed a fresh notice of appeal on the basis of which it has now made the present application.…