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…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.…

….)) ************ 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.…

…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…

…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.…

…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…

…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…

…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…

…Civil suit No 1038 of 1974 JUDGMENT OF KNELLER, J A We have before us a motion of notice filed on June 2 1983 by the advocates for James Macharia Gichuki (the appellant expressed to be brought under Rules 42, 80 and 82(a) of…

…the Court of appeal Rules asking this court to strike out the notice of appeal filed by the advocates for Harry Lewis Nangurai (the respondent) on March 18 1982 because the respondent has failed to file his appeal within…

…That was within the time allowed by rule 74 of the Court of Appeal Rules. The record would have to be lodged within 60 days of September 24, 1986 namely November 23, 1986. Two further steps were required by the rules.…

…Since the hearing of this appeal, Justice Masime has died, and this judgment has been given under rule 32(2) of the Court of Appeal Rules. Dated and Delivered at Nairobi this 30th Day of June, 1993 J.E.…

…The appellant applied to this court under rule 5(2)(b) of the Court of Appeal Rules in Civil Application No 69 of 1986 praying that the court be pleased to grant an injunction pending the hearing of the intended appeal against…

…The situation in this appeal must not be confused with decisions of this court concerning its original jurisdiction under rule 5(2) (b) of the Court of Appeal Rules.…

…October, 1993, seeking for the committal of the three respondents for contempt of the court and we also declare the order dated 8th October, 1993, granted in Civil Application NAI 204 of 1993 to be discharged under rule 56(2) of…

…the Court of Appeal Rules.…