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…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OMOLO, AKIWUMI & BOSIRE, JJ.A) CIVIL APPLICATION NO. NAI 314 OF 1999 (122/99 UR) BETWEEN JOHN KIPKEMBOI KILEL .........................................…

…APPLICANT AND DIAMOND TRUST BANK (K) LTD .........................RESPONDENT (An application for stay of execution in an intended appeal from a judgment and decree of the High Court of Kenya at Nairobi (Khamoni J) dated 2nd…

…These were not therefore deductible and I would dismiss the appeal with costs.…

…The appellant appealed first to the Local Committee.…

…IN THE COURT OF APPEAL AT NAIROBI (CORAM: NYARANGI, GACHUHI & MASIME JJ A) CIVIL APPEAL NO 90 OF 1989 NYONGESA & 4 OTHERS……………....…….…

….… RESPONDENT (Appeal from the Ruling and Order of the High Court at Nakuru (Tunoi J) dated 12th April 1989 in High Court Misc Civil Application No 10 of 1987) JUDGMENTS Nyarangi JA.This is an appeal from a ruling given on…

…IN THE COURT OF APPEAL AT KISUMU (CORAM: NYARANGI, PLATT & APALOO JJA) CIVIL APPEAL NO 122 OF 1986 SHADRACK ARAP BAIYWO ………………………… APPELLANT VERSUS BODI BACH ………………………………….........…..RESPONDENT (Appeal from the High Court…

…The judge dismissed the application and the appellant appeals against that dismissal.…

…IN THE COURT OF APPEAL AT KISUMU (Coram: Hancox, Nyarangi JJA & Gachuhi Ag JA CIVIL APPLICATION NO NAI 41 OF 1985 Between BATHOLOMEW MUYALE .............................APPLICANT AND SHEM NYAMBASI MULEFU .................…

…He made an application to this court (Potter JA) for leave to file appeal out of time which application was dismissed on August 29, 1980.…

…LAND DEVELOPMENT LIMITED.......................RESPONDENT (Appeal from the High Court at Nairobi.…

…First of all it was subject to appeal, and that circumstance reduced its character of finality.…

…Atogo v Agricultural Finance Corporation & another Court of Appeal at Nakuru October 23, 1991 Hancox CJ, Masime JA & Omolo Ag JA Civil Appeal No 165 of 1989 (Appeal from the judgment of the High Court at Eldoret (Aganyanya…

…They did so on the instructions of the Agricultural Finance Corporation (the AFC) who are the first respondents to the appeal.…

…The memorandum of appeal contains four ground of appeal. The first and second are a complaint that the judge misdirected himself by dealing with the issue of liability.…

…Even if he was inclined not to award damages, he was bound to assess it for the purpose of an appeal, if one was filed as did happen. I would allow this appeal with cots.…

…IN THE COURT OF APPEAL AT KISUMU (Coram:platt, Apaloo JJA &Masime Ag JA) CIVIL APPEAL NO 50 OF 1986 BETWEEN ACHACHA NYACHIENGA.................................APPELLANT AND OGOWE S/O OLIECH................................…

…The defendant who has appealed against the order of eviction, has never appealed against the source of the order.…

…He said the object of serving notice of appeal is to inform the respondent that an appeal is intended to be lodged.…

…The respondent not having been served with notice of appeal, he could not have moved the court to strike the appeal under rule 80.…

…Notice of Appeal was handed over to him.…

…in question, the projected appeal is frivolous.…

…result in the appeal being struck out.…

…on record, and that appeal was struck out.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU (Coram: Madan and Kneller, JJ A and Chesoni, Ag.…

…There is also a breach of rule 85 (1) (h) as much as certified copy of the order sought to be appealed against is not included in the Record of Appeal.…

…It is from these awards that the present appeal rests.…

…We shall deal with ground one of appeal first. Mr Kasmani for the appellant was quick to submit that the very recent decision in Civil Appeal No 117 of 1992 should apply in respect of ground one (1) of this appeal.…

…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.…

…IN THE COURT OF APPEAL AT MALINDI CIVIL APPEAL 12 OF 83 MUTUKU AND ASSOCIATES…………..………………………….APPELLANT AND FELIX R M KITONGA & BROS LTD…………………………………RESPONDENT (From the ruling of the High Court of Kenya at Mombasa (Schofield…

…form, is a matter going to jurisdiction and must result in the appeal being struck out – see in particular JASWANTRAI AGGARWAL & ORS v LEKHRAJ AGGARWAL, Civil Appeal 3 of 1981.…

…in an intended appeal by the applicant.…

…The applicant is granted leave to file his notice of appeal out of time. This should be lodged within 7 days hereof and the record of appeal shall be filed within 21 days thereafter.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CORAM: KEIWUA, J.A.…

…According to rule 87 of the Court of Appeal Rules a copy of a record of appeal must be served on a respondent within seven days after lodgement of the same in Court.…

…IN THE COURT OF APPEAL AT NAIROBI (Coram; Platt, JA (In Chambers) CIVIL APPLICATION NO NAI 130 OF 1986 ( In the matter of an intended appeal ) BETWEEN LOISE WAINARO WAMITI …………………………...……………….. APPLICANT AND 1.…

…Mr Ngwiri has, however, pointed out that the subject matter of the appeal ought to be res judicata. The respondent did not appeal at an earlier stage. She has had a good deal of attitude from the courts.…