Case law
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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: 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: CivilCivil Appeal
…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 days after lodging it on 14th July, 1982 (rule 87 (1).…
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
…Mr Muthoga told us that his address to serve him with the record of appeal was taken from the proceedings in the lower court; hence his appearance in court before us.…
…The failure to do so also introduced another inaccuracy in the record of appeal making wrong the certification of its correctness as required by rule 85(5).…
Division and case type: CivilCivil Appeal
…The record of appeal has been filed as supplied by the High Court. At the trial in the High Court the plaintiff was represented by Mr Vadgama assisted by Mr Muttu.…
…An application was filed in this court three days ago for leave to insert certain omissions into the record of appeal said to have been left out from the trial judge’s notes of the trial, but which appear in the notes taken…
Division and case type: GeneralUnclassified
…The failure to file the record of appeal in time is fully explained and the explanation is not really challenged.…
…Accordingly I allow this motion and make the following orders:- 1.The notice of appeal filed on the 6th June, 1997 be and is hereby deemed to have been filed within time. 2.The record of appeal must be filed within 14 (fourteen…
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
…WARGEN SERVICE STATION LIMITED.......................RESPONDENTS (Application for extension of time to file Record of Appeal in the intended appeal from a Ruling of the High Court of Kenya at Nairobi (Juma, J.) dated 23rd…
…criminal proceedings were part of the record of the High Court; he told me they were not.For the life in me, I do not see how those criminal proceedings which admittedly were not before Juma, J. could be included in 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: 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: 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: 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…
Division and case type: CivilCivil Appeal
…We reproduce in full the order which was made on the even date: "ORDER OF THE COURT The record of appeal does not include a certified copy of the decree.…
…JUDGE OF APPEAL" On the same day on which the appeal was struck out, Mrs Dias again sought extension of time to lodge a notice of appeal and record of appeal out of time.…
Division and case type: GeneralUnclassified
…OF 1993) BETWEEN EDWARD RIITHO HEZRON KAMAU WAWERU JOHN NDUNGU MBUGUA ....................................APPLICANTS AND MUCHOHI GIKONYO .......................................RESPONDENT (Application for leave to file a Record…
…of Appeal out of time from a Judgment of the High Court (Lady Justice Aluoch) dated 28th June, 1990 in H.C.C.C.…
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…