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…Nyarangi J as he then was on July 18, 1980 gave judgment in favour of the Esso Standard Kenya (no plaintiff) the defendant filed notice of appeal on July 22 1980.…

…Notice of appeal struck out. June 5, 1985, Hancox JA, Platt & Gachuhi Ag JJA delivered the following Judgment.…

…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.…

…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.…

…The uncertainty as regards the date of filing that notice of appeal is of no consequence now. That notice of appeal was filed out of time without leave.…

…In that case the excuse by Counsel for not filing the notice of appeal in time was that as no leave to appeal was obtained, no notice of appeal could be filed.…

…Those orders are sought on grounds that:- “(a) Though the applicant on 20th February, 2009 filed and served the notice of appeal against the ruling and order of the High Court dated 6th February 2009, leave to appeal was…

…as the ruling the applicant seeks to appeal from was delivered on 6th February 2009 and the notice of appeal was filed on 20th February 2009.…

…The notice of appeal was filed on July 4, 1990 within the prescribed time and although the affidavit in support (the affidavit) by Mr.…

…That is because on 9th April, 1995, he filed in court a notice of intention to act in person, and on the next day he filed a notice of appeal, though filed out of time, indicating his intention to appeal against the decision…

…Hayanga, J. after hearing submission from counsel on the application ruled, firstly, that the fact that the appellant had filed a notice of appeal to challenge the decisions he sought to have set aside he was divested of…

…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.…