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…On the competency of the Notices of Appeal, I have read the Court of Appeal Rules, specifically Rule 75 and 76. I agree with Mr.…

…The Notice of Appeal by the 1 st and 3 rd Applicants has quoted Rule 75 of the Court of Appeal Rules while that by the 2 nd Applicant has not quoted any rule.…

…What is disputed is whether the said notice was served within the time provided in Rule 79(1) of the Court of Appeal Rules, 2022.…

…the Court of Appeal Rules.…

…the Court of Appeal Rules and that there being no competent appeal, the stay orders ought to be vacated. 3.…

…the Court of Appeal Rules, a Record of Appeal should have been filed within 60 days, which had lapsed. 4.…

…The defendants have based their contention that this court lacks jurisdiction on Rules 4 and 75 of the Court of Appeal Rules 2010. I agree with the plaintiff that those two rules are irrelevant to the issue at hand.…

…In view of Rule 77 (2) of the Court of Appeal Rules, notice of appeal was to be lodged within fourteen days of delivery of the judgment, that is, by the end of the day on 12th July 2022.…

…The Motion which is brought under Rules 44(1), 45(1) and 49 of the Court of Appeal Rules, Section 3A and 3B of the Appellate Jurisdiction Act and all other enabling provisions of the law seeks the following residual orders…

…(i) Whether the Court of Appeal Rules apply in this case. (ii) Whether litigation is over in this Court. (iii) Whether land sold to 3rd parties is recoverable.…

…the Court of Appeal Rules”, and ground 13 of the Motion asserts the converse.…

…The expression “the Court” in those Rules means the Court of Appeal.…

…the Court of Appeal Rules.…

…the Court of Appeal Rules.…

…NO. 2867 OF 1989) ********** R U L I N G This is an application under rule 4 of the Court of Appeal Rules for extension of time to file a notice of appeal and an appeal out of time, the first appeal filed by the applicant…

…(Civil Appeal No. 91 of 1993), having been struck out by this Court on 25th October, 1995, because the record of appeal did not contain a certified copy of the decree as required by rule 85(1)(h) of the Court of Appeal Rules…

…It is submitted that non service of the notice of appeal is contrary to the provisions of Rule 79(1) of the Court of Appeal Rules.…

…Rule 79 of the Court of Appeal rules provides: An intended appellant shall, before or within seven days after lodging notice of appeal under rule 77, serve copies of the notice on all persons directly affected by the appeal…

…It was submitted that the applicable rules in this instance would be the Court of Appeal Rules, which require the filing of an intention to appeal, under Rule 77(1) of those Rules.…

…The appeal intended to be filed is at the Court of Appeal. Consequently, the Rules to apply ought to be the Court of Appeal Rules, and not the Civil Procedure Rules.…

…the Court of Appeal Rules. 11.…

…For the avoidance of doubt, rule 4 of the Court of Appeal Rules states so; it reads as follows: 4.…

…It is submitted that non service of the notice of appeal is contrary to the provisions of Rule 79(1) of the Court of Appeal Rules.…

…Rule 79 of the Court of Appeal rules provides: An intended appellant shall, before or within seven days after lodging notice of appeal under rule 77, serve copies of the notice on all persons directly affected by the appeal…

…The Respondent submits that the Applicable framework in relation to a cross-Appeal as follows (a)   Rule 4 of the Court of Appeal Rules. (b)   Section 79G) of the Civil Procedure Act.…

…The application for extension of time having been made before the ELC Court, as a superior court meaning that the court of Appeal Rules do not apply and the court finds Ms.…

…In the instant case, the Claimant contended that the Notice of Appeal dated 11th August 2025 was filed on 15th August 2025 outside the limitation period of Fourteen days prescribed by Rule 77 (2) of the Court of Appeal Rules…

…The Applicant did not deny that it filed the Notice of Appeal on 15th August 2025, outside the Fourteen days limitation period fixed by the Court of Appeal Rules. 12.…

…The application is expressed to be brought under Section 75 of the Civil Procedure Act, Order 43 Rule 1 of the Civil Procedure Rules and Rule 41(1)(a)(ii) of the Court of Appeal Rules 2022. 3.…

…It relied on Sections 66 and 75 of the Civil Procedure Act and Rule 41(1)(a)(ii) of the Court of Appeal Rules, 2022 in asserting leave is required to appeal against the impugned ruling. Applicant’s arguments 8.…

…His Advocate has invoked Rule 7 of the Court of Appeal Rules in invoking the jurisdiction of this court to grant the leave. Unfortunately the applicable rules are currently the Court of Appeal Rules of 2022.…

…Rule 5 of the Court of Appeal Rules provides that orders for stay of execution shall be granted by that court.…

…Under Rule 77(2) of the Court of Appeal Rules, a Notice of Appeal must be filed within 14 days, which made the final deadline 23rd October 2025.…

…Under Rule 84 of the Court of Appeal Rules, an appeal must be fully instituted within 60 days of lodging the Notice of Appeal.…

…It is the submissions of the Respondent that this court lacks jurisdiction to hear and determine the instant application under the provisions of rule 4 of the Court of Appeal Rules. 4.…

…A careful consideration of Rule 4 of the Court of Appeal Rules shows that the Court of Appeal is given the discretion to hear and determine an application for extension of time limited for doing of any act authorized or required…

…the Court of Appeal Rules Section 7 of the Court of Appeal Act and Article 48 and 159(2) of the Constitution of Kenya, 2010 seeking Orders that: Spent.…

…Respondent’s submissions Counsel for the respondent submitted that the court’s discretion under Rule 4 of the Court of Appeal Rules to extend time for filing an appeal was subject to the terms of the grant being just as held…