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…MUNGAI..............................................................................................RESPONDENT (Application for leave to appeal out of time in an intended appeal from the judgment and decree of the High Court…

…he was to lodge his intended appeal.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, TUNOI & LAKHA, JJ.A.) CIVIL APPEAL NO. 284 OF 1998 HON.…

…, the said appeal is now hereby marked as withdrawn with no order as to costs.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (GICHERU, TUNOI & LAKHA, JJ.A.) CIVIL APPLICATION NO. NAI. 87 1999 (32/99 UR) BETWEEN THE REPUBLIC .......................................…

…in respect of the ruling and judgment the subject of the intended appeals, has omitted to incorporate them in the record of the motion before us.…

…On appeal, this Court may well come to the conclusion that in rejecting that offer the learned Judge did not exercise his discretion correctly.…

…The applicant will pay the respondent Shs 600,000/= per month with effect from 1st May, 1999 pending the hearing and final determination of the intended appeal. Costs of the application to be in the appeal.…

…APPELLANT AND BARCLAYS BANK OF KENYA LIMITED..........................................................RESPONDENT (An Appeal from the Ruling and Order of the High Court of Kenya at Nairobi (Hon.…

…NO. 146 of 1998, and this appeal not being opposed, we allow this appeal as prayed. The ruling and order made by Kuloba, J. on 25th June, 1998 are hereby set aside. We make no order as to costs.…

…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…

…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.…

…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.…

…On appeal, this Court may well come to the conclusion that in rejecting that offer the learned Judge did not exercise his discretion correctly.…

…The applicant will pay the respondent Shs 600,000/= per month with effect from 1st May, 1999 pending the hearing and final determination of the intended appeal. Costs of the application to be in the appeal.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Tunoi, J.A. (IN CHAMBERS) CIVIL APPLICATION NO.…

…Accordingly, I certify the application urgent and order that, subject to the direction of the Honourable the Chief Justice, the application and all others which are listed be heard by the Court of Appeal on 14th January,…

….............................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…

…The failure to file the record of appeal in time is fully explained and the explanation is not really challenged.…

…Accordingly I allow this motion and make the following orders:- 1.The notice of appeal filed on the 6th June, 1997 be and is hereby deemed to have been filed within time. 2.The record of appeal must be filed within 14 (fourteen…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MOMBASA (CORAM: KWACH, SHAH & OWUOR JJ.A) CIVIL APPLICATION NO.…

…NAI. 4 OF 1999 BETWEEN GHARIB MOHAMED GHARIB.............................APPLICANT AND SULEKHA MOHAMED NAAMAN.............................RESPONDENT (An application to file appeal out of time in an intended appeal from a…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CORAM: TUNOI J.A. (IN CHAMBERS) CRIMINAL APPLICATION NO.…

…at Nakuru (Lady Justice Nambuye) dated 18th day of December, 1998 R U L I N G I hereby grant leave to the applicant, Calib Kiprotich Sawe to lodge his notice of appeal out of time.…

…RESPONDENT (Application for striking out of the Notice of Appeal in an intended appeal from a judgment of the High Court of Kenya at Nairobi (Pall, J.) dated 8th September, 1991 in H.C.C.C.…

…We shall order that the appeal C.A. 252 of 1999 be heard on a priority basis. Delivered at Nairobi this 7th day of December, 1999. J. E. GICHERU ............... JUDGE OF APPEAL R. O. KWACH ...............…

…RESPONDENT (Application for striking out of the Notice of Appeal in an intended appeal from a judgment of the High Court of Kenya at Nairobi (Pall, J.) dated 8th September, 1991 in H.C.C.C.…

…We shall order that the appeal C.A. 252 of 1999 be heard on a priority basis. Delivered at Nairobi this 7th day of December, 1999. J. E. GICHERU ............... JUDGE OF APPEAL R. O. KWACH ...............…

…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…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL NO.53 OF 1993 MAJOR JOSEPH MWETERI IGWETA.............................APPELLANT VERSUS 1. MUKIRA M'ETHARA 2.…

…NO. 269 OF 1989) O R D E R This is an application under rule 4 of the Rules of this Court for an extension of time to file a notice of appeal.…

…NO. 160 OF 1998) ************* R U L I N G This application for extension of time to file the notice of appeal and the record of appeal was filed on 27 May, 1999 within a week of Civil Appeal No. 154 of 1998 being struck…

…Accordingly, the last day for filing of the appeal was 19th July, 1999. It was for this reason that the appeal was struck out by the Court. Mr.…