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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.…

…NO. 1058 OF 1995) *************** ORDER OF THE COURT This is an application under rule 80 of the Rules of this Court to strike out the Notice of appeal filed on 26th May, 1995 and appeal filed on 6th October, 1995 on the…

…ground that the notice of appeal was not served on all intended parties.…

…It then filed a notice of appeal followed by an appeal. Neither of these documents was served on Karugu Contractors nor was Karugu Contractors joined as a respondent in the appeal.…

…lodging the notice of appeal, direct that service need not be effected on any person who took no part in the proceedings in the superior court."…

…Rule 81 of the rules of this court prescribes the period within which an intending appellant should institute his appeal namely, within 60 days of the date the notice of appeal was lodged.…

…The notice of appeal respecting Civil Appeal No. 206 of 1997 was lodged in the superior court on 23rd April, 1997, about four days after the decision appealed against was given.…

…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.…

…The applicant filed its notice of appeal on the 20th February, 1996. On the 14th February, 1996 the applicant applied for the proceedings and ruling and that letter was duly copied to counsel for both respondents.…

…The applicant has obtained extension of time to lodge a new appeal and has filed a fresh notice of appeal on the basis of which it has now made the present application.…

…Advocate Mr Khaminwa for Mrs Otieno then lodged notice of appeal and in addition filed Civil Application No 18 of 1987 for stay of execution pending further order of the Court of Appeal.…

…which was brought put per in curium: whether an appeal lies from the ruling made under sections 27, 28 and 30 of the Limitation of Actions Act and if this is in affirmative whether the tortfeasor should be served with the Notice…

…of Appeal, the Record of the proceedings, the judgement / ruling and the Hearing Notice of the appeal.…