Search court decisions

…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…

…Bigogo does not dispute the fact that the order does not form part of the record of appeal. That being the case, the appeal is struck out as incompetent with costs to the respondents.…

…NO. 3457 OF 1995) ****************** RULING: In this application, the applicants have sought extension of time within which to lodge the notice and the record of appeal.…

…The application for extension of time within which to lodge the notice and the record of appeal is therefore dismissed with costs to the respondent. Dated and delivered at Nairobi this 4th day of August, 1997. J.E.…

…of appeal, on the respondent.…

…That order meant that the record of appeal ought to have been filed on (about) 18th May, 1993. As the order of Muli J.A was made on 2nd June, 1993 the date for filing the record of appeal was already past.…

…WARGEN SERVICE STATION LIMITED.......................RESPONDENTS (Application for extension of time to file Record of Appeal in the intended appeal from a Ruling of the High Court of Kenya at Nairobi (Juma, J.) dated 23rd…

…criminal proceedings were part of the record of the High Court; he told me they were not.For the life in me, I do not see how those criminal proceedings which admittedly were not before Juma, J. could be included in the record…

…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.…

…Another reason was that a supplementary record of appeal had also been filed without leave.…

…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…

…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 by me, and that the record…

…In the record of that appeal at page 58 is a notice of appeal which is dated 10th day of October, 1984 which was lodged way out of time. There is no evidence of any order for extension of time to file the said notice.…

…Then there is another notice of appeal which is dated 29th March, 1985 at P.74 of the same record of the said appeal.…

…The defects were such that no supplementary record of appeal could have made good the defects. The intended appeals, said Mr.…

…of appeal be filed within the next 21 days.…

…NO. 320 OF 1991) ******************* R U L I N G This is an application under Rule 4 of the Rules of this Court seeking an extension to file the Notice of Appeal and the Record of Appeal out of time.…

…VIRDI T/A JASWINDER SINGH ENTERPRISES......................... 3RD RESPONDENT (Application to strike out the record of appeal lodged on 9th September 1997 from the ruling of the High Court of Kenya at Nairobi (Mr Justice…

…1997, when he received from the High Court Registry, a letter dated 3rd July, 1997 asking him to do so; that he collected the copies of proceedings on 15th July 1997, and thereafter, on 9th September, 1997, he lodged the record…

…against the ruling of the learned single Judge of this Court whereby he exercised his discretion under rule 4 of the Rules of this Court in favour of the respondent and granted him extension of time for lodging the Notice of…

…Appeal and the record of appeal.…

…OF 1993) BETWEEN EDWARD RIITHO HEZRON KAMAU WAWERU JOHN NDUNGU MBUGUA ....................................APPLICANTS AND MUCHOHI GIKONYO .......................................RESPONDENT (Application for leave to file a Record…

…of Appeal out of time from a Judgment of the High Court (Lady Justice Aluoch) dated 28th June, 1990 in H.C.C.C.…

…So that this case is finally disposed of, I order that the record of appeal be filed within 30 days hereof and thereafter be served on all the respondents according to the rules.…

…The record of appeal must be filed within twenty one days from the date hereof. The costs of this application shall be costs in the appeal. Dated and delivered at Nairobi this 25th day of March, 1997. R. S. C.…

…....APPLICANTS AND GEOFFREY MBUGUA DEDAN....................................RESPONDENT R U L I N G This is an application brought under Rule 4 for the extension of time for the service of Notice of Appeal and the filing of…

…the record of appeal.…

…There is an anomaly in the application in that it is shown to have been drawn by the appellant’s advocates presently on record for him, but the record of appeal clearly shows that they did not file their Notice of change…