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…He did not know that no appeal had been preferred on his behalf till he appeared before Court on 24th March, 1998 for the purpose of having the appeal heard.…

…He still wants to canvas his appeal hence this application filed on 15th of June, 1998 for extension of time for filing his appeal out of time.…

….............................RESPONDENT (An application to strike out Notice of Appeal filed herein on 18th day of December, 1998 in an intended appeal from the ruling of the High Court of Kenya at Nairobi (Hon.…

…Justice Owuor) dated 9th December, 1998 in Succession Cause No. 2572 of 1996) ************************** RULING OF THE COURT The respondent filed a notice of appeal on 18th December, 1998, declaring his intention to appeal…

…IN THE COURT OF APPEAL AT NAIROBI CORAM: TUNOI, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 167 OF 1996 BETWEEN CENTRAL KENYA LIMITED ......................................................…

…Time for service of the Notice of Appeal dated 30th April, 1996 is extended and the attached Notice is deemed duly and properly served on all interested parties for the purposes of the intended appeal.…

…RESPONDENT (Application for striking out a notice of appeal filed on 13th July, 1994 in an intended appeal from the judgment of the High Court of Kenya (Mr. Justice A.B.…

…That being the position any appeal to this Court without leave would be incompetent.…

…The petitioner appealed.…

…Five Judges of Appeal dismissed the appeal (actually it was a consolidated appeal No 172 and 173 of 1999) affirming the High Court decision and making such other findings therein that were necessary to be made.…

…The genesis of the appeal appears to be short and straightforward.…

…The appellant was aggrieved hence this appeal. On appeal, the Appellant put forward the following grounds in her Memorandum: 1.…

…On 13.2.2014 the Court of Appeal dismissed the appeal on both conviction and sentence. It is the dismissal of the appeal by the apex court, on such cases that has given rise to the present petition.…

…The argument by the petitioner to review the decision does not appeal to me.…

…This position was affirmed by the Court of Appeal (Coram: G.B.M. Kariuki, P.O. Kiage and K.…

…To that extent, she committed a reversible error, and the appeal succeeds on that score," This position was further affirmed by the Supreme Court (Coram: Maraga, CJ & President; Mwilu, DCJ & Vice-President; M.K.…

…REPUBLIC OF KENYA IN THE TRANSPORT LICENSING APPEALS BOARD AT NAIVASHA APPEAL CASE NO 16 OF 2020 EXPRESS PRESTIGE SHUTTLE LTD................................................APPELLANT VERSUS THE NATIONAL TRANSPORT & SAFETY…

…It was the Appellant’s case that the appeal constitutes a prima facie case with overwhelming chances of success. 6.…

…This position was affirmed by the Court of Appeal (Coram: G.B.M. Kariuki, P.O. Kiage and K.…

…To that extent, she committed a reversible error, and the appeal succeeds on that score," This position was further affirmed by the Supreme Court (Coram: Maraga, CJ & President; Mwilu, DCJ & Vice-President; M.K.…

…Alluwalia in the case of Vijay Shah versus The Public Trustee - Appeal No. 63 of 1984.…

…The Court of Appeal agreed saying that the evidence of those who saw the testator was the best available evidence. Dr.…

…IN THE COURT OF APPEAL AT MOMBASA (CORAM: KNELLER, HANCOX & NYARANGI JJA) CRIMINAL APPEAL NO 177 OF 1984 BETWEEN KARIUKI & ANOTHER .................... APPELLANT AND REPUBLIC......................................…

…As section 361 is specifically stated not to apply to a decision such as the one appealed from in this case, it follows that we have no jurisdiction to entertain these appeals.…

…The le was then placed in my chambers for admission of the appeal. 6. Ordinarily, the High Court admits all appeals once the lower court le is availed. However, admission of the appeal is not automatic.…

…The court must examine whether the appeal is competently before it so that an appeal is not admitted merely for parties to engage into academic exercise before the court. for example, where the appeal was led out of time…

…He sought admission to bail pending the hearing and determination of the appeal.…

…The application was premised on ground that the appeal had a high chance of success and further that the appeal may take long to be determined which would prejudice the applicant.…

…....PLAINTIFF V E R S U S TWIGA CHEMICALS INDUSTRIES LTD...............DEFENDANT R U L I N G On 3rd October, 2008 the court (Waweru, J) conditionally allowed an application herein for stay of execution of decree pending appeal…

…It seeks the main order for stay of the above–mentioned condition of deposit of the decretal sum pending appeal against the same, and in the alternative, an order that the Judgment-Debtor do furnish a bank guarantee instead…

…The applicant, in support of his motion has listed several election petitions already decided both in the High Court and the Court of Appeal such as Mwai Kibaki vs Arap Moi Civil Appeal No 172 of 1999 in Court of Appeal (…

…hereafter referred to as Kibaki – Moi Case), David W Murathe vs Samuel Macharia Court of Appeal decision in Civil Appeal No 171 of 1998.…

…That by the time applicant came to know of the Judgment the prescribed time of 30 days in which an appeal is statutorily provided for an appeal had lapsed. (3).…

…, the intended appeal has chances of success or is a mere frivolity.”…

…The said Justus Kalinga filed a further affidavit on 15th March, 1989 in which he has stated for the first time that the debtor had appealed against the said decree to the Court of Appeal and the said appeal is still pending…

…He has not attached the Memorandum of appeal in that appeal. Nor has he attached any other evidence to show that the appeal had been filed and it is still pending.…