Judgment[1994] KECA 64
Case law
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Division and case type: CivilCivil Appeal
…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.…
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.…
Division and case type: CivilCivil 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 respondent (petitioner) sought to strike out the notice of appeal in his Civil Application No Nai 241 of 1993.…