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…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.…

…Accordingly I agree with Murithi that the first part of the application is not really consistent with the aim of rule 4 of the Court of Appeal Rules.…

…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.…

…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.…

….)) ************ RULING OF THE COURT This is an application under rule 5(2)(b) of the Court of Appeal Rules brought by Mwanzi Road Properties Ltd (the applicant) for a stay of execution of the judgment and order of the superior…

…Counsel for the 1st respondent asked me to put a strict interpretation on rule 58 of the Court of Appeal Rules, with regard to the service of Notice of Appeal.…

…far been given in Kenya, and that he should, at the very least, be given an adjournment to remedy the defect in the record (which he did not deny existed): Mr Barasa referred us in particular to Rules 42, 44, 80 and 89 of…

…the Court of Appeal Rules.…

…far been given in Kenya, and that he should, at the very least, be given an adjournment to remedy the defect in the record (which he did not deny existed): Mr Barasa referred us in particular to Rules 42, 44, 80 and 89 of…

…the Court of Appeal Rules.…

…On February 5, 1987, he lodged a Record of Appeal in apparent compliance with rules 81 and 85 (1) of the Court of Appeal Rules. The record contains a five-page ruling of the court.…

…On February 5, 1987, he lodged a Record of Appeal in apparent compliance with rules 81 and 85 (1) of the Court of Appeal Rules. The record contains a five-page ruling of the court.…

…In the result, the application is allowed with costs in terms of prayer one of the application in accordance with Rule 5(2) (b) of the Court of Appeal Rules.…

…Several aspects call for special mention1.As the copy of the letter requesting proceedings was not served on the respondent the proviso to rule 81(1) of the Court of Appeal Rules does not apply (See Rule 81(2) of the rules…

…NO. 5638 OF 1989) ************* RULING OF THE COURT This is a Notice of Motion taken out by Pepco Construction Company Ltd (the second respondent) under rule 80 of the Court of Appeal Rules (the Rules), seeking an order striking…

…No. 575 of 1968 ***************** R U L I N G: David Kongo (the applicant) has applied by way of notice of motion under r.4 of the Court of Appeal Rules (the Rules) for an order for extension of time to file an appeal from…

…No. 575 of 1968 ***************** R U L I N G: David Kongo (the applicant) has applied by way of notice of motion under r.4 of the Court of Appeal Rules (the Rules) for an order for extension of time to file an appeal from…

…NO. 1059 OF 1999) ********************* R U L I N G I have before me an application by way of Notice of Motion brought under Rules 4 and 42 of the Court of Appeal Rules (the rules) in which the applicants herein seek the…

…In this application which is expressed to be brought under rule 80 of the rules of this court and section 5(d) of the Court of Appeal Rules (but we think the Appellate Jurisdiction Act was intended) he asks this court to…

…This application is brought under rule 5(2)(b) of the Court of Appeal Rules by Arthur K Magugu (Mr Magugu) and Inn and Inns Ltd (Inns Ltd) for a stay of the judgment and decree of Wambilyangah, J dated 29th July, 1994, by…

…When the application was filed, rule 4 of the Court of Appeal Rules provided that, the applicant had to show sufficient reason for the Court to extend the time limited by any rule or any decision of this Court or of the High…