Case law
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Division and case type: CivilCivil Appeal
…The uncertainty as regards the date of filing that notice of appeal is of no consequence now. That notice of appeal was filed out of time without leave.…
…In that case the excuse by Counsel for not filing the notice of appeal in time was that as no leave to appeal was obtained, no notice of appeal could be filed.…
Division and case type: CivilCivil Appeal
…LTD...........................APPLICANT AND RAYMOND BUURI M'RIMBERIA..............................RESPONDENT (Application for extension of time to file Notice of Appeal and Record of Appeal out of time in an intended appeal…
…Considering all these matters I exercise my undoubted discretion to enlarge the time for filing the notice of appeal by ordering that the notice of appeal filed on 20th March, 1997 be deemed to be filed in time, as now extended…
Division and case type: CivilCivil Suit
…Rule 82(a) provides that after a party who has lodged a notice of appeal fails to institute an appeal within the appointed time he shall be deemed to have withdrawn his notice of appeal and shall, unless the court otherwise…
…orders, be liable to pay the costs of any person on whom the notice of appeal was served.…
Division and case type: GeneralUnclassified
…NO. 911 OF 1991) *********************** R U L I N G This is an application for leave to file Notice of appeal out of time. (Rule 4). Ruling about which the Notice of appeal relates was delivered on 17th February, 1993.…
…The Notice of appeal was filed on 16th March, 1993. The actual judgment is a foreign judgment and instructions had to be sought from Rwanda. The delay is inordinate.…
Division and case type: CivilCivil Appeal
…NO. 2560`A' OF 1989 R U L I N G The present application is for the extension of time for the filing of a Notice of Appeal in an intended appeal and the related record of appeal.…
…The fact that the Notice of Appeal in question is date stamped by the registry of the High Court and signed by the Deputy Registrar of the High Court, in my view, makes the failure of the Notice of Appeal to contain the date…
Division and case type: CriminalCriminal Appeal
…Before one can file an appeal, one has to file a notice of appeal within 14 days form the date of the judgment. The applicant has not filed a notice of appeal.…
…Since the judgment was delivered in July, 1986, the applicant can only file notice of appeal with the leave of the court extending such time to enable him to do so.…
Division and case type: CivilCase number Civil Application
…He, however, did not seek extension of time within which to lodge the Notice of Appeal the original of which was struck out with his original appeal to this Court.…
…He on the same day filed the amended Notice of Motion which now included a prayer for extension of time within which to lodge the Notice of Appeal.…
Division and case type: CivilCase number Civil Application
…The application filed by the respondent was for striking out of the notice of appeal lodged by the present applicant on 28th May, 1992.…
…The court allowed that application and struck and the said notice of appeal. At the time Civil Application No. NAI. 107 of 1994, came up for hearing there was no appearance for the present applicant (respondent there).…
Division and case type: CivilCase number Civil Application
…No doubt in theory the notice of appeal could have been lodged within 14 days of March 24, 1987.…
…If the plaintiff gets a notice of appeal now concerning the damages the tardy service of the notice on liability cannot prejudice him.…
Division and case type: CivilCivil Appeal
…Rule 81 of the rules of this court prescribes the period within which an intending appellant should institute his appeal namely, within 60 days of the date the notice of appeal was lodged.…
…The notice of appeal respecting Civil Appeal No. 206 of 1997 was lodged in the superior court on 23rd April, 1997, about four days after the decision appealed against was given.…
Division and case type: CivilMiscellaneous Application
…Patel has submitted that the notice of appeal was filed out of time in that the judgment having been delivered on December 3, 1984 the latest date for filing the notice of appeal was December 7, 1984, but it was filed on…
Division and case type: GeneralUnclassified
…RESPONDENT (Application for striking out of the Notice of Appeal in an intended appeal from a judgment of the High Court of Kenya at Nairobi (Pall, J.) dated 8th September, 1991 in H.C.C.C.…
…NO. 3782 OF 1991) ********************* RULING OF THE COURT By this application brought under rule 80 of the Rules of this Court, the applicant who is acting in person urges that the Notice of Appeal lodged in this court…
Division and case type: CivilMiscellaneous Application
…RESPONDENT (Application for striking out of the Notice of Appeal in an intended appeal from a judgment of the High Court of Kenya at Nairobi (Pall, J.) dated 8th September, 1991 in H.C.C.C.…
…NO. 3782 OF 1991) ********************* RULING OF THE COURT By this application brought under rule 80 of the Rules of this Court, the applicant who is acting in person urges that the Notice of Appeal lodged in this court…
Division and case type: CivilCivil Appeal
…Ruling of the High Court of Kenya at Eldoret (Mbaya, J) dated 7th May, 1982 in Civil Case No. 111 of 1976 RULING OF THE COURT The respondent objects to this appeal being prosecuted on the grounds that he was not served with Notice…
…of Appeal within time which was file on 14th May, 1982 and should have been served within 7 days (rule 76 (1); secondly, the respondent was also not served with the Memorandum of Appeal and the record of Appeal within seven…
Division and case type: CivilCivil Appeal
…On December 24, 1982, Mr Justice Gicheru dismissed with costs Wamunyama’s first appeal and on January 20, 1983, Wamunyama lodged his notice of appeal in the registry of the High Court at Kakamega.…
…The time for filing the notice of appeal in the registry of the High Court is extended to such time as will make the filing of it in time.…
Division and case type: CivilCase number Civil Application
…Those orders are sought on grounds that:- “(a) Though the applicant on 20th February, 2009 filed and served the notice of appeal against the ruling and order of the High Court dated 6th February 2009, leave to appeal was…
…as the ruling the applicant seeks to appeal from was delivered on 6th February 2009 and the notice of appeal was filed on 20th February 2009.…
Division and case type: GeneralUnclassified
…The applicant has fully explained the circumstances which led to the notice of appeal being filed out of time. I do not understand Mrs Nyakundi to be saying that the explanation given is false.…
…Mugo that his court clerk failed him and that as soon as he discovered this he acted immediately and filed the notice of appeal.…
Division and case type: CivilCivil Appeal
…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…
…I allow the application and extend the time for filing a notice of appeal by 7 days from today, and for filing a record of appeal by 14 days from the date of filing the notice of appeal.…
Division and case type: CriminalCriminal Appeal
….=, for extension of time to file a notice of appeal and an appeal, The decision against which Lesiolo Ltd (the applicant) wishes to appeal was given on 9th January, 1991.…
…In exercise of my discretion therefore, I allow this application and extend the time for lodging a notice of appeal to Tuesday 30th April, 1996, and for filing the appeal by 10 days from the date of filing the notice of appeal…
Division and case type: CivilCivil Appeal
…It then filed a notice of appeal followed by an appeal. Neither of these documents was served on Karugu Contractors nor was Karugu Contractors joined as a respondent in the appeal.…
…lodging the notice of appeal, direct that service need not be effected on any person who took no part in the proceedings in the superior court."…