“"notice of appeal"” — court decisions

Judgment[1996] KECA 19225 July 1996

Grindlays Bank International (K) Ltd & another v George Barbour

Court of Appeal at NairobiAragon,Lakha,JUDGE APPEAL,Deverell,Deverrell,KontosCase number Civil Application 108 of 1996

Division and case type: CivilCase number Civil Application

…Sacharia (1982-88) 1 KAR, that since Rule 76(1) permits a notice of appeal to be served on persons affected by the appeal even before the lodging of the notice of appeal, and Rule 74(6) which relates to the substance of notice…

…of appeal only requires that it be signed by or on behalf of the appellant, such a notice of appeal does not require to have been first signed by the Registrar before it is served.…

6 min read

Judgment[1988] KECA 1305 July 1988

Adala v Anjere

Court of Appeal at NairobiJudge his Chamber,JUDGE APPEALCase number Civil Application 30 of 1988

Division and case type: CivilMiscellaneous Civil Application

…The applicant filed notice of appeal against the High Court order on 5th February 1988. It is against this High Court Order that the application is made for stay of execution pending the hearing of the intended appeal.…

application is allowedAllowed4 min read

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”.…

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[1995] KECA 1097 March 1995

FRANCIS MWANZA MULWA v PAMELA MARY KIKUMU

Court of Appeal at NairobiJUDGE APPEALCase number Civil Miscellaneous Application 191 of 1994

Division and case type: CivilMiscellaneous Application

…the Notice of Appeal referred to able and to his office generally.…

…Notice of Appeal was handed over to him.…

3 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[1997] KECA 22323 June 1997

B. MAINA AND COMPANY LIMITED v MOMBASA DEVELOPMENT LIMITED & 2 OTHERS

Court of Appeal at NairobiJUDGE APPEAL,M. MbogholiCivil Appeal 54 of 2020

Division and case type: CivilCivil Appeal

…be extended to 16th February, 1996 when a copy of the Notice of Appeal was personally served upon the first respondent's Managing Director.…

…As the first respondent has in effect actually denied receiving a copy of the Notice of Appeal, I am compelled in the absence of a postal certificate to hold that the first Notice of Appeal herein may not have been properly…

3 min read

Judgment[1997] KECA 1624 February 1997

SOCIETE DE TRANSPORTS INTERNATIONAL AU RWANDA v H. H. ABDI

Court of Appeal at NairobiMbito,JUDGE APPEAL,Khaminwa,RawalCase number Civil Application 298 of 1997

Division and case type: CivilCivil Appeal

…The uncertainty as regards the date of filing that notice of appeal is of no consequence now. That notice of appeal was filed out of time without leave.…

…In that case the excuse by Counsel for not filing the notice of appeal in time was that as no leave to appeal was obtained, no notice of appeal could be filed.…

Judgment[1983] KECA 6518 October 1983

Ruithibo v Nyingi

Court of Appeal at NairobiJUDGE APPEALCase number Civil Appeal 21 of 1982

Division and case type: CivilCivil Appeal

…Notice of appeal was not served upon the respondent as required by rule 76(1); consequently, 2.…

…The respondent was unable to comply with the mandatory provisions of rule 78(1)(a) which requires that every person on whom a notice of appeal is served shall within fourteen days after service on him of the notice of appeal…

7 min read

Judgment[1997] KECA 1517 July 1997

KENYA NATIONAL CAPITAL CORPORATION v JOHN NDUNGU NJAU

Court of Appeal at NairobiShah,JUDGE APPEALCivil Appeal E016 of 2021

Division and case type: CivilCivil Appeal

…NO. 2560`A' OF 1989 R U L I N G The present application is for the extension of time for the filing of a Notice of Appeal in an intended appeal and the related record of appeal.…

…The fact that the Notice of Appeal in question is date stamped by the registry of the High Court and signed by the Deputy Registrar of the High Court, in my view, makes the failure of the Notice of Appeal to contain the date…

3 min read

Judgment[2003] KECA 7810 December 2003

Charles Gitonga Gakuu & 2 others v Lee Eun Hee

Court of Appeal at NairobiAng,JUDGE APPEAL,Nyakeno,MuneneCase number Civil Application 318 of 2003

Division and case type: CivilCase number Civil Application

…He also referred to the fact that earlier notices of appeal had been withdrawn. But on this issue of withdrawn notices of appeal, I find that Mr. Nyakeno has given acceptable explanation.…

…There has been serious efforts to mount an appeal but this cannot be done without filing a Notice of Appeal.…

Judgment[1996] KECA 171 August 1996

Kithaka Nthakanio v Thathi Nthakanio

Court of Appeal at NairobiJUDGE APPEALCase number Civil Application 329 of 1995

Division and case type: CivilCase number Civil Application

…He, however, did not seek extension of time within which to lodge the Notice of Appeal the original of which was struck out with his original appeal to this Court.…

…He on the same day filed the amended Notice of Motion which now included a prayer for extension of time within which to lodge the Notice of Appeal.…

3 min read

Judgment[1998] KECA 234 October 1998

VIHIGA MILLERS & HIGHES LTD v NIFREDA MUDOLA

Court of Appeal at NairobiMbogholi Msagha,JUDGE APPEAL,Amolo,KiageCase number Civil Application 23 of 1998

Division and case type: CivilCase number Civil Application

…The application filed by the respondent was for striking out of the notice of appeal lodged by the present applicant on 28th May, 1992.…

…The court allowed that application and struck and the said notice of appeal. At the time Civil Application No. NAI. 107 of 1994, came up for hearing there was no appearance for the present applicant (respondent there).…

Judgment[1984] KECA 7627 February 1984

CLEOPHAS MASINDE SIMIYU & another v MAURICE BARASA WATAMBAMALA & 3 others

Court of Appeal at NairobiJUDGE APPEALCase number Civil Miscellaneous Application 40 of 1983

Division and case type: CivilMiscellaneous Application

…ANGARA JUMA WATAMBAMALA (Appeal for extension of time to file notice of appeal in an intended appeal from the judgment of the high court of Kenya at Kakamega (Gicheru, J) dated 8th August, 1983) In HIGH COURT CIVIL CASE NO…

…Normally, the court will look with little sympathy on an application to extend the time for filing the Notice of Appeal (as opposed to other more complicated steps), but in this case, mindful as I am of Mr Munikah’s plea…

2 min read

Judgment[1998] KECA 14312 November 1998

GREENFIELD INVESTMENTS LIMITED v BABER ALIBHAI MAWJI

Court of Appeal at NairobiPall,Appeal,Pall given Nairobi,JUDGE APPEAL,Justice,Gautama,Luvuga,Mohammed Nyaoga,Nyakeno,Oraro,NyaogaCIVIL APPEAL NO. 160 OF 1997

Division and case type: CivilCivil Appeal

…DEFENDANT NOTICE OF APPEAL TAKE NOTICE that the Plaintiff herein BABER ALIBHAI MAWJI being dissatisfied with the Ruling of the Honourable Mr.…

Judgment[1999] KECA 15928 July 1999

KENYA ROYAL MEDIA SERVICES LTD. v KENYA TELEVISION NETWORK LTD.

Court of Appeal at NairobiHayanga,JUDGE APPEAL,KuriaCIVIL APPEAL NO. 171 OF 1995

Division and case type: CivilCivil Appeal

…NO. 1058 OF 1995) *************** ORDER OF THE COURT This is an application under rule 80 of the Rules of this Court to strike out the Notice of appeal filed on 26th May, 1995 and appeal filed on 6th October, 1995 on the…

…ground that the notice of appeal was not served on all intended parties.…

1 min read

Judgment[1996] KECA 1422 December 1996

Carter & Sons Ltd v Kenya Finance Corporation Limited & another

Court of Appeal at NairobiShields,JUDGE APPEAL,Kowade,Regeru,SharmaCase number Civil Appeal 62 of 1993

Division and case type: CivilCivil Appeal

…It then filed a notice of appeal followed by an appeal. Neither of these documents was served on Karugu Contractors nor was Karugu Contractors joined as a respondent in the appeal.…

…lodging the notice of appeal, direct that service need not be effected on any person who took no part in the proceedings in the superior court."…

Judgment[1997] KECA 2965 May 1997

BLUESHIELD INSURANCE CO. LTD v RAYMOND BUURI M'RIMBERIA

Court of Appeal at NairobiOle Keiwua,JUDGE APPEAL,Kiarie,WahomeCivil Appeal No. 14 of 1996

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…

…Considering all these 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…