Case law
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Division and case type: CivilCivil Suit
….APELLANT AND BANK OF CREDIT & COMMERCE INTERNATIONAL (OVERSEAS) LTD...............RESPONDENT ORDER Mr Khanna, for the appellants, by a motion on notice of February 2, 1984, expressed to be brought under rules 42 and 96 of…
…the Court of Appeal Rules, asks this court to substitute as a party to the appeal in place of the late second appellant, Ajit Gurbaksh Singh, either Harbans Kaur, the widow, or one or both of the named executors of the deceased…
Division and case type: CivilCivil Appeal
….APELLANT AND BANK OF CREDIT & COMMERCE INTERNATIONAL (OVERSEAS) LTD...............RESPONDENT ORDER Mr Khanna, for the appellants, by a motion on notice of February 2, 1984, expressed to be brought under rules 42 and 96 of…
…the Court of Appeal Rules, asks this court to substitute as a party to the appeal in place of the late second appellant, Ajit Gurbaksh Singh, either Harbans Kaur, the widow, or one or both of the named executors of the deceased…
Division and case type: CivilCivil Appeal
…NO. 30 OF 1994) ******************** RULING OF THE COURT This is an application under Rule 80 of the Court of Appeal Rules (Rules) for an order that Civil Appeal No. 164 of 2005 – East African Building Society vs.…
Division and case type: CivilMiscellaneous Application
…LAW SOCIETY OF KENYA…………………..RESPONDENT (In an intended appeal from the High Court at Nairobi, Porter J) RULING Geoffrey Ndung’u Theuri, the applicant, by an ex parte motion on notice filed by July 31, 1984 under rule 112 of…
…the Court of Appeal Rules (cap 9), moves that the court by orders directs that his intended appeal may be lodged without prior payment of fees of court, or on payment of any specified amount less than the required fees,…
Division and case type: CivilCivil Appeal
…NO. 2867 OF 1989) ********** R U L I N G This is an application under rule 4 of the Court of Appeal Rules for extension of time to file a notice of appeal and an appeal out of time, the first appeal filed by the applicant…
…(Civil Appeal No. 91 of 1993), having been struck out by this Court on 25th October, 1995, because the record of appeal did not contain a certified copy of the decree as required by rule 85(1)(h) of the Court of Appeal Rules…
Division and case type: CriminalCriminal Appeal
…NO. 3840 OF 1987) *************** RULING This is an application under rule 4 of the Court of.…
…Appeal Rule.=, for extension of time to file a notice of appeal and an appeal, The decision against which Lesiolo Ltd (the applicant) wishes to appeal was given on 9th January, 1991.…
Division and case type: CivilCivil 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…
Division and case type: CivilCivil Appeal
…NO. 1824 OF 1987) ************************* RULING OF THE COURT The respondent has taken out a Notice of Motion under rule 80 of the Court of Appeal Rules seeking an order striking out the appeal filed by the appellant on…
Division and case type: CivilCivil Appeal
…In the result and as the respondent has not appeared to defend the said application, I, in the exercise of my discretion under rule 4 of the Court of Appeal Rules grant the applicant's application so that the time for lodging…
Division and case type: CivilCase number Civil Application
…the Court of Appeal Rules and into the question of whether or not the time for lodging a notice of appeal under rule 74(2) (ibid) should be extended.…
…Starting from the provisions in the Court of Appeal Rules relating to any decision about the payment of costs, we find that the court may assess them or direct them to be taxed, and any decision as to the payment of costs…
Division and case type: CivilCivil Appeal
…NO 2755 OF 1994) ************************ RULING OF THE COURT There is a notice of motion before us taken out by the respondents under rules 80 and 85(1)(f) of the Court of Appeal Rules to strike out the appeal on the ground…
Division and case type: GeneralUnclassified
…Under rule 4 of the Court of Appeal Rules, this Court is empowered to enlarge time on any grounds, it seems just.…
Division and case type: CivilCivil 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…
Division and case type: CivilCase number Civil Application
…In the circumstances and in view of the dilatoriness in the applicant's present application, I decline to exercise my discretion under rule 4 of the Court of Appeal Rules in favour of the applicant.…
Division and case type: CivilMiscellaneous Application
…In the circumstances and in view of the dilatoriness in the applicant's present application, I decline to exercise my discretion under rule 4 of the Court of Appeal Rules in favour of the applicant.…
Division and case type: CivilCivil Appeal
…NO. 1824 OF 1987) ************************* RULING OF THE COURT The respondent has taken out a Notice of Motion under rule 80 of the Court of Appeal Rules seeking an order striking out the appeal filed by the appellant on…
Division and case type: GeneralUnclassified
…NO. 474 OF 1997) *************** RULING OF THE COURT This is an application under rule 5 (2)(b) of the Court of Appeal Rules for a stay of execution of the ruling and order of Rimita J given on 17th March, 1999.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: GeneralUnclassified
…NO. 474 OF 1997) *************** RULING OF THE COURT This is an application under rule 5 (2)(b) of the Court of Appeal Rules for a stay of execution of the ruling and order of Rimita J given on 17th March, 1999.…
Division and case type: CivilCase number Civil Application
…Thus under Rule 80 of the Court of Appeal Rules the appeal may be struck out. In accordance with our usual practice both applications were heard together, the application for leave to extend time being heard first.…