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…E920 OF 2024 currently pending in the Court of Appeal and arising from an interlocutory ruling delivered in this suit.…

…As that Appeal is not before this court, it is the Court of Appeal where it is, that can peruse the record and determine those two grounds under Rule 5 (2) (b) of the Court of Appeal Rules.…

…and declared that there does exist a residual right of appeal to the Court of Appeal under section 35 of the Arbitration Act but under very narrow and circumscribed grounds, which must first be demonstrated to the Court…

…the Court of Appeal and the Supreme Court.…

…Under the objection, the Respondent argues that the Court is functus officio, having rendered its judgment, which judgment was appealed in the Court of Appeal, and the Court of Appeal having equally rendered a judgment on…

…of Appeal’s. 22.…

…Eldoret Court of Appeal Civil Appeal No. 47 of 2019.…

…before the Court of Appeal.…

…The Ruling of the Court of Appeal is exhibited as JB-1. 3.…

…A copy of the Court of Appeal orders is exhibited as JMN 2. 7.…

…of Appeal.”…

…only appeal with leave of the High Court and where such leave is declined, then with leave of the Court of Appeal.…

…It is imperative to point out that at the time of filing the instant Applications, County Government of Migori also lodged an Appeal at the Court of Appeal in Kisumu vide Civil Appeal No.…

…Fearing that the Court of Appeal and this court may arrive at different decisions that may embarrass the court, this court decided to defer the Ruling in the above stated applications and gave way to court of Appeal to determine…

…of Appeal.…

…Before delving into these substantive issues, the first question for consideration is whether there is indeed an appeal before the Court of Appeal upon which the present application can be anchored.…

…Aggrieved, the Applicant filed Criminal Appeal No. 51 of 2020 in the Court of Appeal, which was dismissed. The Court of Appeal ordered that the Applicant “be taken to a mental hospital for medical treatment.…

…The superior courts in the court system in Kenya are listed in Article 162(1) of the Constitution as follows: The superior courts are the Supreme Court, the Court of Appeal, the High Court and the courts mentioned in clause…

…appeal before the Court of Appeal, there be stay of proceedings, and an order for judgement creditor to give security of Kshs.15 million, being the approximate value of the plot and structures he demolished in execution…

…the Court of Appeal. 2.…

…appeal before the Court of Appeal, there be stay of proceedings, and an order for judgement creditor to give security of Kshs.15 million, being the approximate value of the plot and structures he demolished in execution…

…the Court of Appeal. 2.…

…appeal before the Court of Appeal, there be stay of proceedings, and an order for judgement creditor to give security of Kshs.15 million, being the approximate value of the plot and structures he demolished in execution…

…the Court of Appeal. 2.…

…He stated that Rule 41 of Court of Appeal Rules provides for leave of the Court to be sought first in the Court that made the decision.…

…Subsequently, Nyutu Agrovet Limited filed an appeal to the Court of Appeal. The said Court held that Nyutu Agrovet Limited did not have a right of Appeal under the provisions of Section 35 of the Arbitration Act.…

…The Court of Appeal, in a decision made on 3rd July 2026, reported as Afrison Export Import Limited & another vs.…

…the Court of Appeal is still under challenge.…

…The applicant sought several orders; to wit, stay of execution of the orders of 27/6/2025 pending its appeal to the Court of Appeal; the hearing and determination of the taxation of its Bill of Costs filed in the Court of…

…These were, inter alia, that; following the ruling of this Court of 27/6/2025, the applicant preferred an appeal to the Court of Appeal vide a Notice of Appeal dated 3/7/2025.…

…The debtor appealed to the court of appeal in civil appeal No.111 of 1990 (hereinafter called the Appeal) against the said order of 14th June, 1990 but on 20th November, 1990 the court of appeal dismissed the appeal and upheld…

…The courts of appeal have already held in the appeal that the debtor failed to submit a statement of affairs. See p.18 of the typed judgment of the appeal.…

…Undaunted the Applicant moved to the Court of Appeal in Appeal No. 103 of 2019 challenging the dismissal of his appeal in the High Court.…

…The Court of Appeal delivered their judgment on 17 th July 2024 dismissing his appeal. 9.…

…As such, in exceptional circumstances, the Court of Appeal ought to have residual jurisdiction to enquire into such unfairness.…

…the Court of Appeal. 15.…

…to the Court of Appeal as expressed in the Notice of Appeal dated 14th October, 2022; c)   On 23rd May 2025, the Court of Appeal deemed the said Notice of Appeal as withdrawn in Mombasa Court of Appeal Civil Application…

…It was also apparent that after lodging the Notice of Appeal, the Defendant did not take any steps to lodge a Record of Appeal before the Court of Appeal as required under Rule 82 (1) and (2) of the Court of Appeal Rules.…