Case law
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Division and case type: CivilCivil Appeal
…The record of appeal has been filed as supplied by the High Court. At the trial in the High Court the plaintiff was represented by Mr Vadgama assisted by Mr Muttu.…
…An application was filed in this court three days ago for leave to insert certain omissions into the record of appeal said to have been left out from the trial judge’s notes of the trial, but which appear in the notes taken…
Division and case type: GeneralUnclassified
…The failure to file the record of appeal in time is fully explained and the explanation is not really challenged.…
…Accordingly I allow this motion and make the following orders:- 1.The notice of appeal filed on the 6th June, 1997 be and is hereby deemed to have been filed within time. 2.The record of appeal must be filed within 14 (fourteen…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…NAI. 29 OF 2000 BETWEEN A-D AVIATION (AIRCHARTER) LIMITED.......................APPLICANT AND INTERNATIONAL AIRBOATS LIMITED..........................RESPONDENT (An application for extension of time to file Notice and Record…
…of Appeal in an intended appal from a Ruling of the High Court of Kenya at Nairobi (Onyango Otieno, J.) dated 15.10.98 in H.C.C.C.…
Division and case type: CriminalCriminal Appeal
…The applicant filed an appeal against that decision (Civil Appeal No.113/91), That appeal was struck out by the Court on 7th February, 1996, as the record of appeal did not contain a certified copy of the order appealed against…
…Gross, learned counsel for the applicant, freely, and quite properly, admits that the exclusion of a certified copy of the order from the record of appeal was entirely his own fault.…
Division and case type: CivilCivil Appeal
…WARGEN SERVICE STATION LIMITED.......................RESPONDENTS (Application for extension of time to file Record of Appeal in the intended appeal from a Ruling of the High Court of Kenya at Nairobi (Juma, J.) dated 23rd…
…criminal proceedings were part of the record of the High Court; he told me they were not.For the life in me, I do not see how those criminal proceedings which admittedly were not before Juma, J. could be included in the record…
Division and case type: CivilCase number Civil Application
…................................APPELLANT AND NIFREDA MUDOLA................................................................................................RESPONDENT (Application for extension of time to file and serve Record…
…of Appeal from the judgment of the High Court at Nairobi Mr.…
Division and case type: CivilCase number Civil Application
…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.…
…of appeal out of time.…
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…
…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 by me, and that the record…
Division and case type: CivilCivil Case
…In the record of that appeal at page 58 is a notice of appeal which is dated 10th day of October, 1984 which was lodged way out of time. There is no evidence of any order for extension of time to file the said notice.…
…Then there is another notice of appeal which is dated 29th March, 1985 at P.74 of the same record of the said appeal.…
Division and case type: CivilCivil Appeal
…In the record of that appeal at page 58 is a notice of appeal which is dated 10th day of October, 1984 which was lodged way out of time. There is no evidence of any order for extension of time to file the said notice.…
…Then there is another notice of appeal which is dated 29th March, 1985 at P.74 of the same record of the said appeal.…
Division and case type: CivilMiscellaneous Application
…NO. 160 OF 1998) ************* R U L I N G This application for extension of time to file the notice of appeal and the record of appeal was filed on 27 May, 1999 within a week of Civil Appeal No. 154 of 1998 being struck…
…Nor does Rule 85 of the Rules relating to compilation of the record of appeal require the proceedings or the judgment to be certified.…
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…
…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 by me, and that the record…
Division and case type: CivilCivil Appeal
…We reproduce in full the order which was made on the even date: "ORDER OF THE COURT The record of appeal does not include a certified copy of the decree.…
…JUDGE OF APPEAL" On the same day on which the appeal was struck out, Mrs Dias again sought extension of time to lodge a notice of appeal and record of appeal out of time.…
Division and case type: GeneralUnclassified
…OF 1993) BETWEEN EDWARD RIITHO HEZRON KAMAU WAWERU JOHN NDUNGU MBUGUA ....................................APPLICANTS AND MUCHOHI GIKONYO .......................................RESPONDENT (Application for leave to file a Record…
…of Appeal out of time from a Judgment of the High Court (Lady Justice Aluoch) dated 28th June, 1990 in H.C.C.C.…
Division and case type: CivilCivil Appeal
…NO. 91 OF 1996) CONSOLIDATED WITH CIVIL APPEAL NO. 90 OF 1996) ***************** ORDER OF THE COURT As the record of appeal does not contain certified copies of the decrees appealed against, this appeal is incompetent and…
Division and case type: Environment and LandLand Case
…The point taken by Mr Kwach on behalf of the respondents is that the applicant ought to proceed expeditiously to prepare the record of the intended appeal and have the same filed in the registry of this court.…
…With that we agree and we are grateful to Mr Khaminwa for his offer to lodge the record of appeal within 28 days from today. We allow the application and order in terms of paragraph 1 and 2 of the notice of motion.…
Division and case type: CivilCivil Appeal
…No. 17 of 1993) *************** ORDER OF THE COURT The record of appeal does not include a certified copy of decree as is mandatorily required by rule 35(1) (b) of the rules of this court.…
Division and case type: CivilCivil Appeal
…Pall) dated 17th October, in CIVIL CASE NO.1804 OF 1985) ***************** RULING OF THE COURT The record of appeal does not include a certified copy of the decree appealed against.…
Division and case type: CivilCivil Appeals numbered
…The defects were such that no supplementary record of appeal could have made good the defects. The intended appeals, said Mr.…
…of appeal be filed within the next 21 days.…