“"notice of appeal"” — court decisions

Judgment[1984] KECA 515 March 1984

Samuel Mbugua Githere v Kimungu

Court of Appeal at NairobiJUDGE APPEAL,Martin Mati Muya,judge High CourtCase number Civil Application 56 of 1983

Division and case type: CivilCivil Case

…That notice of appeal, or rather purported notice of appeal, was dated February 25, 1983, but not apparently filed in the High Court Registry until February 28, 1983. It was received in this registry on March 16, 1983.…

…that notice of appeal out of time, because he had no instructions, but that he nevertheless took steps towards the filing of the appeal, including the filing of the purported notice of appeal, “purely as a precaution”.…

10 min read

Judgment[1985] KECA 1414 June 1985

Esso Standard Kenya Ltd v Onesmus Kihara Mwangi

Court of Appeal at NairobiNyarangiCase number Civil Miscellaneous Application 29 of 1984

Division and case type: CivilMiscellaneous Application

…Nyarangi J as he then was on July 18, 1980 gave judgment in favour of the Esso Standard Kenya (no plaintiff) the defendant filed notice of appeal on July 22 1980.…

…Notice of appeal struck out. June 5, 1985, Hancox JA, Platt & Gachuhi Ag JJA delivered the following Judgment.…

4 min read

Judgment[1985] KECA 64 June 1985

Esso Standard Kenya Ltd v OnesmusKihara Mwangi

Court of Appeal at NairobiNyarangiCase number Civil Application 29 of 1984

Division and case type: CivilCivil Suit

…Nyarangi J as he then was on July 18, 1980 gave judgment in favour of the Esso Standard Kenya (no plaintiff) the defendant filed notice of appeal on July 22 1980.…

…Notice of appeal struck out. June 5, 1985, Hancox JA, Platt & Gachuhi Ag JJA delivered the following Judgment.…

appeal struck outDismissed4 min read

Judgment[1997] KECA 31025 November 1997

DAVID KONGO v NJOROGE NJUGUNA

Court of Appeal at NairobiNyarangi,JUDGE APPEAL,KimaniCase number Civil Application 372 of 1996

Division and case type: CivilCivil Case

…Even if it is accepted that a notice of appeal is not struck out when an incompetent appeal is struck out, it can only mean a valid notice of appeal can survive. An invalid notice of appeal is no notice at all.…

…As I have said no appeal can be filed unless a valid notice of appeal to precede it has been filed. In other words a valid notice of appeal is the basis of a competent appeal.…

Judgment[1994] KECA 6415 September 1994

DAVID KONGO v NJOROGE NJUGUNA

Court of Appeal at NairobiNyarangi,JUDGE APPEAL,KimaniCivil Appeal No. 79 of 1985

Division and case type: CivilCivil Appeal

…As I have said no appeal can be filed unless a valid notice of appeal to precede it has been filed. In other words a valid notice of appeal is the basis of a competent appeal.…

Judgment[1994] KECA 10923 November 1994

G. B. M. Kariuki v Fred Kwasi Apaloo

Court of Appeal at NairobiAluoch,Kenya,Courts,suggested Hon Matiba,judge High Court,JUDGE APPEALCase number Civil Appeal 122 of 1994

Division and case type: CivilCivil Appeal

…An application to strike out the petition as being incompetent, was dismissed by the Election Court and a Notice of Appeal against this dismissal was filed in this Court.…

…On the instructions of Mr Matiba, the appellant who was acting for him in his election petition, unsuccessfully moved this Court in Misc Application No 241 of 1993, to strike out the Notice of Appeal.…

Judgment[1985] KECA 11615 December 1985

Madhupaper International Limited v Kerr

Court of Appeal at KisumuMegarry,judge can under Rules,Bank KCFCCase number Civil Miscellaneous Application 116 of 1985

Division and case type: CivilMiscellaneous Application

…The conditions in the amendment rule for the exercise of it are that a notice of appeal has been lodged in accordance with rule 74 and that if it is granted it will be so on such terms as the court may think just.…

application is refusedDismissed19 min read

Judgment[1985] KECA 7615 December 1985

Madhupaper International Ltd v Kerr

Court of Appeal at KisumuMegarry,judge can under Rules,JUDGE APPEAL,Bank KCFCCase number Civil Application 116 of 1985

Division and case type: CivilCivil Suit

application is refusedDismissed19 min read