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…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.…

…The applicant has filed a Notice of Appeal. It has on undoubted right of Appeal.…

…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…

…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).…

…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.…

…In compliance with this ruling, the Applicant indeed filed a notice of appeal indicating his intention to file an appeal to the Court of Appeal against the said decision of 18th November 2019.…

…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.…

…In compliance with this ruling, the Applicant indeed filed a notice of appeal indicating his intention to file an appeal to the Court of Appeal against the said decision of 18th November 2019.…

…This court acceded to the application for extension of time to file the notice of appeal and the appeal itself.…

…This court acceded to the application for extension of time to file the notice of appeal and the appeal itself.…