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…Judgment, the subject matter of the intended appeal, was delivered on 30th January, 1996. On 1st February, 1996 a Notice of Appeal was duly lodged by the applicant.…

…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…

…Mugogo v Sihowa (Civil Appeal 39 of 1986) [1988] KECA 101 (KLR) (19 January 1988) (Judgment) Mugogo v Sihowa [1988] eKLR Neutral citation: [1988] KECA 101 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CIVIL APPEAL…

…RESPONDENT (Appeal from the judgment of the High Court at Kisumu, Butler-Sloss J) JUDGMENT 1.…

…IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, OMOLO & PALL, JJ.A.) CIVIL APPEAL NO. 33 OF 1996) BETWEEN JOEL KYALO MWEI………...........….….……..APPELLANT AND PAUL NGEI NZIOKA..........…………...…..…

……RESPONDENT (Appeal from the judgment of the High Court of Kenya at Machakos (Hon. Justice J. L. A. Osiemo) dated the 22nd day of November, 1995 IN H. C. C. C.…

…The rst respondent having succeeded in the rst court, the second respondent appealed to the African Court of Appeal which appeal was dismissed. There was no further appeal to the DO’s court.…

…Ayub Wasike, the 2nd respondent appealed to Kakamega African Court of Appeal which appeal was dismissed.…

…IN THE COURT OF APPEAL AT NAIROBI (Coram: Gicheru, Kwach & Omolo JJ A ) CIVIL APPEAL NO. 190 OF 1991 BETWEEN 1. ISAIAH MATHENGE 2.…

…His appeal must accordingly succeed on this ground alone.…

…(KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CIVIL APPEAL 27 OF 1989 JO NYARANGI, JM GACHUHI, JJA & RO KWACH, AG.…

…In the result the appeal fails and is dismissed with costs. That is the order of the court. DATED AND DELIVERED AT KISUMU THIS 19TH DAY OF JUNE, 1989. J.O. NYARANGI ................................ JUDGE OF APPEAL J.M.…

…IN THE COURT OF APPEAL AT NAIROBI (Coram: Apaloo CJ, Kwach, Cockar, Omolo & Tunoi JJ A) CIVIL APPEAL NO 145 OF 1990 TROUISTIK UNION INTERNATIONAL INGRID URSULA HEINZ …………………….….… APPELLANTS VERSUS JANE MBEYU ALICE MBEYU ……

…In our opinion, the true view is that that appeal was simply wrongly decided.…

…To that extent only would I allow the appeal as regards liability.…

…There was no appeal from these matters.…

…He has not appealed against that decision.…

…The memorandum of appeal contains 13 grounds of appeal.…

…The First respondent led a notice of appeal and applied for the proceedings in order to le the intended appeal. The second respondent did nothing on the decision. 4.…

…The order of Pall J was the subject of Civil Appeal No 179 of 1993 which appeal was heard prior to this appeal and separate judgment dismissing it delivered. 5.…

…Mayfair Holdings Ltd v Ahmed (Civil Appeal 18 of 1990) [1990] KECA 66 (KLR) (10 December 1990) (Judgment) Mayfair Holdings Ltd v Ahmed [1990] eKLR Neutral citation: [1990] KECA 66 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL…

…Against the entire decision of the superior court, the appellant appeals to this court and has put forward 17 grounds of appeal.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appeal 263 of 2004 ABERDARE FREIGHT SERVICES LTD………………………....APPELLANT AND KENYA REVENUE AUTHORITY……………………………….RESPONDENT (Being an appeal from the judgment…

…That is the application that gave rise to the appeal before us. The pleadings………..…

…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.…

…NO. 3499 OF 1992 ************************* RULING OF THE COURT This is an application under rule 80 of the court of Appeal Rules by which the respondents seek to strike out the appeal on the ground that the record of appeal…

…This is a primary document and its exclusion renders the appeal incurably incompetent. Mr. Bigogo does not dispute the fact that the order does not form part of the record of appeal.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, LAKHA & OWUOR, JJ.A.) CIVIL APPEAL NO. 171 OF 1995 BETWEEN ROYAL MEDIA SERVICES LTD. ..............................…

…That being so, the notice of appeal and the appeal abovementioned are struck out with costs of the appeal and this application. Made at Nairobi this 29th day of July, 1999. J.E. GICHERU ..................…

…IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, AKIWUMI & LAKHA, JJ.A.) CIVIL APPEAL NO. 92 OF 1989 BETWEEN CORNELIUS K. BIRGEN ....................................APPELLANT AND KIPRONO A.…

…But no appeal lies under s.75 (2) of the Civil Procedure Act from an order in appeal by the superior court. Accordingly no appeal lies and this appeal is struck out with costs to the Respondent.…

…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…

…by me, and that the record of appeal be filed within the next 21 days which record shall include the copy of notice of appeal filed on 20th March, 1997 and a copy of this Ruling.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, TUNOI & LAKHA, JJ.A.)…

…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…

…(Appeal from a judgment of the High Court of Kenya at Machakos (Honourable Mr.…

…incompetent for the reason that the record of the said appeal does not contain a certified copy of the decree appealed against as is required by rule 85 (1) (h) of the Rules of this Court.…