Case law
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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…
…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 by me, and that the record…
Division and case type: CivilCivil Case
…In the record of that appeal at page 58 is a notice of appeal which is dated 10th day of October, 1984 which was lodged way out of time. There is no evidence of any order for extension of time to file the said notice.…
…Then there is another notice of appeal which is dated 29th March, 1985 at P.74 of the same record of the said appeal.…
Division and case type: CivilCivil Appeal
…In the record of that appeal at page 58 is a notice of appeal which is dated 10th day of October, 1984 which was lodged way out of time. There is no evidence of any order for extension of time to file the said notice.…
…Then there is another notice of appeal which is dated 29th March, 1985 at P.74 of the same record of the said appeal.…
Division and case type: CivilCivil Appeal
…NO. 91 OF 1996) CONSOLIDATED WITH CIVIL APPEAL NO. 90 OF 1996) ***************** ORDER OF THE COURT As the record of appeal does not contain certified copies of the decrees appealed against, this appeal is incompetent and…
Division and case type: CivilCivil Appeal
…Khaminwa, complained at the start of the hearing of the appeal that the record of appeal contains illegible pages which rendered the record of appeal incompetent. He relied on Rule 13 of the Rules of this Court. Mr.…
…Khaminwa having known of the position since his firm was served with the record of appeal is April 1994, should be condemned to costs for the adjournment is granted on the following terms:- 1.…
Division and case type: CivilCivil Appeal
…No. 17 of 1993) *************** ORDER OF THE COURT The record of appeal does not include a certified copy of decree as is mandatorily required by rule 35(1) (b) of the rules of this court.…
Division and case type: CivilCivil Appeal
…Pall) dated 17th October, in CIVIL CASE NO.1804 OF 1985) ***************** RULING OF THE COURT The record of appeal does not include a certified copy of the decree appealed against.…
Division and case type: Environment and LandLand Case
…The point taken by Mr Kwach on behalf of the respondents is that the applicant ought to proceed expeditiously to prepare the record of the intended appeal and have the same filed in the registry of this court.…
…With that we agree and we are grateful to Mr Khaminwa for his offer to lodge the record of appeal within 28 days from today. We allow the application and order in terms of paragraph 1 and 2 of the notice of motion.…
Division and case type: CivilCase number Civil Application
…On 7th November, 1995 he filed the present application seeking extension of time within which to lodge the record of appeal which now he says would contain the requisite certified copy of the decree appealed against.…
…Nevertheless, as the applicant has not been indolent in presenting his application for extension of time within which to lodge the Notice of Appeal and the record of appeal, in order to forestall any possible miscarriage…
Division and case type: CivilCase number Civil Application
…The appeal by the applicant against the decision of the High Court was struck out by this court on 8th October, 1995, on the ground that the related record of appeal did not, as mandatorily required by the Rules of this court…
…Justice Lakha, for extension of time within which, to start the process of appeal all over again, by filing this notice of appeal and lodging their record of appeal.…
Division and case type: CivilCivil Appeals numbered
…The defects were such that no supplementary record of appeal could have made good the defects. The intended appeals, said Mr.…
…of appeal be filed within the next 21 days.…
Division and case type: CivilCase number Civil Application
…In the first, the applicant Lydia Wanjiru Mwangi seeks an extension of time to lodge the record of appeal out of time.…
…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.…
Division and case type: CivilCivil Appeal
…for extension of time to file a notice of appeal and an appeal out of time, the first appeal filed by the applicant (Civil Appeal No. 91 of 1993), having been struck out by this Court on 25th October, 1995, because the record…
…of appeal did not contain a certified copy of the decree as required by rule 85(1)(h) of the Court of Appeal Rules.…
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: CivilCivil Appeal
…VIRDI T/A JASWINDER SINGH ENTERPRISES......................... 3RD RESPONDENT (Application to strike out the record of appeal lodged on 9th September 1997 from the ruling of the High Court of Kenya at Nairobi (Mr Justice…
…1997, when he received from the High Court Registry, a letter dated 3rd July, 1997 asking him to do so; that he collected the copies of proceedings on 15th July 1997, and thereafter, on 9th September, 1997, he lodged the record…
Division and case type: CivilCase number Civil Application
…................................APPELLANT AND NIFREDA MUDOLA................................................................................................RESPONDENT (Application for extension of time to file and serve Record…
…of Appeal from the judgment of the High Court at Nairobi Mr.…
Division and case type: CivilCivil Appeal
…At page 137 of the record of appeal within which this application is filed, it is shown that the Deputy Registrar certified the order on the 29th July, 1996. The appeal was lodged on the 15th August, 1996. As Mr.…
Division and case type: CivilCase number Civil Application
…That was within the time allowed by rule 74 of the Court of Appeal Rules. The record would have to be lodged within 60 days of September 24, 1986 namely November 23, 1986. Two further steps were required by the rules.…
…of appeal out of time.…
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…
…Nor does Rule 85 of the Rules relating to compilation of the record of appeal require the proceedings or the judgment to be certified.…
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…
…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 by me, and that the record…