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…the Court of Appeal Rules are distinct and mutually exclusive.…

…Further, the applicant states that it lodged its Memorandum of Appeal on 29 th May 2026 in compliance with rules 75 and 84 of the Court of Appeal Rules. 33.…

…Order 42 Rule 6(1)(2) of the Civil Procedure Rules is the operative procedural law, which lays down the conditions for the grant of stay, before the High Court; while Rule 5(2)(b) of the Court of Appeal Rules of 2022 is the…

…Rent Restriction Tribunal [1979] eKLR [1979] KECA 22 (KLR) sets out what is required, for the purpose of stay under the Court of Appeal Rules.…

…The applicable legal framework is Rule 61(1) of the Court of Appeal Rules 2022, which provides as follows; “A person who desires to appeal to the Court shall give notice in writing, which shall be lodged in six copies with…

…The fundamental question then is which is the court that is granted the power to extend time under Rule 4 of the Court of Appeal Rules, 2022 10.…

…It is the submission of the applicant’s advocates that her law firm’s staff inadvertently failed to file the Notice of Appeal within the prescribed time under rule 77 of the Court of Appeal Rules, 2022. 7.…

…It is not in dispute that Respondent/Applicant did not file a Notice of Appeal within the prescribed time under rule 77 of the Court of Appeal Rules, 2022 that is within 14 days. 13.…

…It is the submission of the applicant’s advocates that her law firm’s staff inadvertently failed to file the Notice of Appeal within the prescribed time under rule 77 of the Court of Appeal Rules, 2022. 7.…

…It is not in dispute that Respondent/Applicant did not file a Notice of Appeal within the prescribed time under rule 77 of the Court of Appeal Rules, 2022 that is within 14 days. 13.…

…The same was brought under sections 3A & 3B of the Civil Procedure Act, Section 7 of the Appellate Jurisdiction Act & Rule 4 of the Court of Appeal Rules.…

…Neither am I of the view that there is any conflict between the above provision and the provisions in the Court of Appeal Rules.…

…of Appeal under rule 117 of the Court of Appeal Rules.…

…It relied on Order 42 Rule 6 of the Civil Procedure Rules and Rule 5(2) of the Court of Appeal Rules. 21.The applicant urged the court to ignore the issue of the respondent’s intention to appeal to the Supreme Court because…

…The application is brought under section 75 of the Civil Procedure Act, Order 43 rule 1 of the Civil Procedure Rules together with Rule 39 of the Court of Appeal Rules, 2010. 3.…

…I note that the application seeking leave has been brought under the provisions of the Civil Procedure Act, the Civil Procedure Rules and the Court of Appeal Rules.…

…The applicant filed a notice of motion application dated 8th June 2022 under Sections 35 and 39 of the Arbitration Act, Sections 1A, 1B and 3A of the Civil Procedure Act and Rule 39 of the Court of Appeal Rules for the following…

…Furthermore, the respondent cited Section 39(3) of the Arbitration Act and Rule 39 of the Court of Appeal Rules, emphasizing that the High Court could not assume the jurisdiction reserved for the Court of Appeal.…

…The applicant in his submissions dated 18th March 2025 argued that the respondent had violated rule 84 of the Court of Appeal Rules, by failing to request the proceedings and judgment and by failing to file its record of…

…The applicant is aware of the procedural safeguards under the Court of Appeal Rules, including remedies available where an appeal is not prosecuted within the prescribed timelines.…

…As that Appeal is not before this court, it is the Court of Appeal where it is, that can peruse the record and determine those two grounds under Rule 5 (2) (b) of the Court of Appeal Rules.…

…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…

…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…

…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…

…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…

…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…

…They argue that the Applicant ought to have filed the application in the proper forum being the Court of Appeal under Rule 5 (2) (b) of the Court of Appeal Rules and that the Applicant is intent on by-passing the pre-requisites…

…Under Rule 75 (1) of the Court of Appeal Rules, a person intending to appeal against a decision in a civil suit must lodge a Notice of Appeal within fourteen (14) days.…

…Counsel for the Respondents submitted that the application for stay of execution pending appeal ought to have been made before the Court of Appeal pursuant to Rule 5(2)(b) of the Court of Appeal Rules, and not before the…

…They argued that the Notice of Appeal was filed seven months after delivery of the ruling, contrary to Rule 77(2) of the Court of Appeal Rules, which requires the notice to be filed within fourteen (14) days.…

…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.…