“"intended appeal"” — court decisions

Judgment[1985] KECA 1158 August 1985

Muyale v Mulefu

Court of Appeal at Kisumu

Judgment[1984] KECA 1102 July 1984

JAMES MACHARIA GICHUKI v HARRY LEWIS NANGURAI

Court of Appeal at NairobiPotter,NowrojeeCivil suit No 1038 of 1974

Division and case type: CivilCivil Suit

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Potter, Kneller and Hancox, JJ.A) CIVIL APPLICATION NAI 25 OF 1983 (In the Matter of an intended appeal) BETWEEN JAMES MACHARIA GICHUKI………………………………………….....APPLICATION…

…Three days later, this court made the consent order with no order as to costs on the undertaking of the respondent’s advocate, Mr Nowrojee, that he would prosecute the intended appeal expeditiously.…

appeal failsDismissed6 min read

Judgment[1984] KECA 156 March 1984

Gichuki v Nangurai

Court of Appeal at Nairobigrant of the applicationCase number Civil Application 25 of 1983

Division and case type: CivilCivil Suit

………APPLICANT AND KIMUNGU…………………………………RESPONDENT (In an intended appeal from the High Court at Nairobi, Gachuhi J) RULING This application is in two parts, the first to extend the time for filing the notice of appeal and the…

…This was dismissed on July 4, 1983, with leave to Muita Njuguna, inter alia, to file a fresh application to have the time for filing and serving notice of intended appeal extended, presumably because it had by that time been…

Application dismissedDismissed10 min read

Judgment[1984] KECA 515 March 1984

Samuel Mbugua Githere v Kimungu

Court of Appeal at NairobiJUDGE APPEAL,Martin Mati Muya,judge High CourtCase number Civil Application 56 of 1983

Division and case type: CivilCivil Case

10 min read

Judgment[2004] KECA 402 December 2004

Ayugi v Okoth

Court of Appeal at KisumuJUDGE APPEAL,Ongele,Ouma,MwamuCase No. 70 of 2003

Division and case type: GeneralCase

…NAI. 141 OF 2004 BETWEEN WALTER AWUOTH AYUGI ………………………………………… APPLICANT AND HESBORN SULE OKOTH ………………………………………… RESPONDENT (Application for leave to file and serve notice and record of appeal out of time in an intended appeal…

5 min read

Judgment[1987] KECA 1329 July 1987

Kenya Film Corporation v Muthike

Court of Appeal at NairobiPLATTCase number Civil Application 51 of 1987

Division and case type: CivilCase number Civil Application

…The original application concerned the intended appeal against JS Patel J’s order dated September 12, 1986, in which he struck out the defendant company’s defence and entered judgment for the plaintiff Charles Kabanga Muthike…

…But that is not now of importance because the full appeal is intended. If the plaintiff gets a notice of appeal now concerning the damages the tardy service of the notice on liability cannot prejudice him.…

7 min read

Judgment[1986] KECA 829 January 1986

ATTORNEY GENERAL v GEOFREY NDUNGU THEURI

Court of Appeal at NairobiJUDGE APPEALCase number Civil Application 51 of 1985

Division and case type: CivilCase number Civil Application

…RESPONDENT (Application for extension of time to file the notice of the intended appeal from an order of the High Court of Kenya at Nairobi (O’kubasu and Abdullah, JJ ) dated May 20, 1985 In Misc Application 72 of 1984 )…

5 min read

Judgment[1984] KEHC 4316 July 1984

CLEMENT WAMUNYAMA v WAFULA NABIRIKI

High Court at KakamegaGICHERU,judge dismissed Wamunyama,JUDGE APPEALCase number Civil Appeal 14 of 1981

Division and case type: CivilCivil Appeal

………………………………RESPONDENT (Application for extension of time to file an intended appeal from the Judgment and decree of the High Court of Kenya at Kakamega (Gicheru, J) dated December 24, 1982 In Civil Appeal 14 of 1981) ____…

application is grantedAllowed6 min read

Judgment[1999] KECA 81 February 1999

MUNGAI MUNA v ESMAEL N. MUNGAI

Court of Appeal at NairobiJUDGE APPEALCase number Civil Application 32 of 1998

Division and case type: CivilCase number Civil Application

…On 18th October, 1993, time to lodge the record of the applicant's intended appeal to this Court was extended by 30 days from the date hereinabove mentioned.…

…It is now over five years since the time for lodging the record of the applicant's intended appeal was granted on 18th October, 1993.…

2 min read

Judgment[1999] KECA 1001 February 1999

MUNGAI MUNA v ESMAEL N. MUNGAI

Court of Appeal at NairobiJUDGE APPEALCase number Civil Miscellaneous Application 32 of 1998

Division and case type: CivilMiscellaneous Application

…On 18th October, 1993, time to lodge the record of the applicant's intended appeal to this Court was extended by 30 days from the date hereinabove mentioned.…

…It is now over five years since the time for lodging the record of the applicant's intended appeal was granted on 18th October, 1993.…

2 min read

Judgment[1987] KECA 922 January 1987

Kenya Arab Orient Insurance Ltd v LochabTransport Ltd

Court of Appeal at NairobiCase number Civil Application 8 of 1987

Division and case type: CivilCase number Civil Application

…appeal.…

…by January 20, 1987 and submitted that there was no delay in instituting the intended appeal.…

application is allowedAllowed4 min read

Judgment[1999] KECA 8315 August 1999

PETER KANYIRI KOIGI v MAKAHU OLE SEKUNDA

Court of Appeal at NairobiMitey,JUDGE APPEAL,JUDGE APPEL,Kagiri

Division and case type: GeneralORIGINATING SUMMONS

…GEOFFREY MWAI KABIRO.............................3RD RESPONDENT (Intended appeal from the decision of the High Court of Kenya at Nairobi (Being the decision of the Honourable Mr.…

…Kagiri for the 1st, 2nd and 3rd respondents is not averse to the status quo of the suit premises being maintained pending the hearing and determination of the applicant's intended appeal, we order that the status quo in respect…

1 min read

Judgment[1993] KECA 501 June 1993

SOCIETE DE TRANSPORT INTERNATIONAUX AU RWANDA v H. H. ABDI

Court of Appeal at NairobiJUDGE APPEAL

Division and case type: GeneralUnclassified

…ABDI ............................................RESPONDENT Application for extension of time to file a Notice of Appeal in an intended appeal from a ruling of the High Court of Kenya at Nairobi (Mbito J) dated 17th February…

…The intended appeal be filed within 60 days from the date on which the notice of appeal was filed. Costs will be in the intended appeal. Dated and delivered at Nairobi this 2nd day of June, 1993. M.G.…

1 min read

Judgment[2009] KECA 2515 December 2009

CFC Financial Services Limited v Juja Road Fancy Store Limited

Court of Appeal at NairobiKhaminwa,Joyce N. Khaminwa,JUDGE APPEAL,Majanja,MwanikiCase number Civil Application 323 of 2009

Division and case type: CivilCase number Civil Application

…The time for lodging and serving the record of appeal in the intended appeal from the ruling and order of the High Court of Kenya at Nairobi (Honourable Lady Justice Joyce N.…

…the appeal or intended appeal at this stage and whether the granting of the application would prejudice the respondent.…

application is grantedAllowed8 min read

Judgment[1998] KECA 28026 May 1998

Blueshield Insurance Co. Ltd v Raymond Buuri M'rimberia

Court of Appeal at NairobiMoijo Ole Keiwua,JUDGE APPEAL,Alice Muthoni Wahomean,Mary Kiarie,Kiariedid,KiarieCase number Civil Appeal 107 of 1997

Division and case type: CivilCivil Appeal

…Wahome insisted on arguing that the appeal intended to be filed would be an exercise in futility as it had no chances of success. This is a grey area.…

…Normally a single judge of this Court does not have to go into merits or demerits of the intended appeal.…

3 min read

Judgment[1997] KECA 2965 May 1997

BLUESHIELD INSURANCE CO. LTD v RAYMOND BUURI M'RIMBERIA

Court of Appeal at NairobiOle Keiwua,JUDGE APPEAL,Kiarie,WahomeCivil Appeal No. 14 of 1996

Division and case type: CivilCivil Appeal

…Wahome insisted on arguing that the appeal intended to be filed would be an exercise in futility as it had no chances of success. This is a grey area.…

…Normally a single judge of this Court does not have to go into merits or demerits of the intended appeal.…

3 min read

Judgment[1996] KECA 13015 September 1996

Central Kenya Limited v Trust Bank Limited & 4 others

Court of Appeal at NairobiMbogholiMsagha,JUDGE APPEALCase number Civil Application 167 of 1996

Division and case type: Constitutional and Human RightsPetition

…Time for service of the Notice of Appeal dated 30th April, 1996 is extended and the attached Notice is deemed duly and properly served on all interested parties for the purposes of the intended appeal.…

…Costs of this application shall be in the intended appeal which shall be filed within 30 days hereof. Dated and delivered at Nairobi this 16th day of September, 1996. P. K. TUNOI ...............…

1 min read

Judgment[1996] KECA 18626 March 1996

Mwanzi Road Properties Ltd v Maina Muchiri & another

Court of Appeal at NairobiShields,JUDGE APPEAL,Marna Muchiri,Ougo,Ougo before Bosire,KirundiCase number Civil Application 69 of 1996

Division and case type: CivilCivil Appeal

…No. 1870/1/92 (the suit land) until the hearing and final determination of an intended appeal.…

…appeal or further order.…

3 min read

Judgment[1996] KECA 13922 December 1996

Republic v Peter Kaleli Mulwa

Court of Appeal at NairobiJUDGE APPEAL,Bwonwong,OpiyoCase number Criminal Application 8 of 1996

Division and case type: CriminalCriminal Appeal

…in an intended Appeal from a judgment and order of the High Court at Nairobi (Oguk, J.) dated 24th June, 1996 in Criminal Appeal No. 920 of 1995) *************************** RULING OF THE COURT: The respondent in this reference…

…appeal.…

5 min read

Judgment[2002] KECA 31019 September 2002

Abraham Tenoi Kimala v Job Kipsang Suter

Court of Appeal at NakuruJUDGE APPEALCase number Civil Application 51 of 2001

Division and case type: CivilCivil Appeal

…in an intended appeal by the applicant.…

…appeal.…

application failsDismissed3 min read