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…NO 2755 OF 1994) ************************ RULING OF THE COURT There is a notice of motion before us taken out by the respondents under rules 80 and 85(1)(f) of the Court of Appeal Rules to strike out the appeal on the ground…

…Under rule 4 of the Court of Appeal Rules, this Court is empowered to enlarge time on any grounds, it seems just.…

…This issue is resolved by Rule 74(4) of the Court of Appeal Rules which states that: When an appeal lies only with leave or on a certificate that a point of law of general public importance is involved, it shall not be necessary…

…No. 16 of 2014 [2014] eKLR , the following observation is relevant to the application of the Court of Appeal Rules and to this case.…

…Cherere on the 22nd day of October 2020, the applicants herein filed a Notice of Appeal on the 9th November 2020 pursuant to Rule 74 of the Court of Appeal Rules. 21.…

…the Court of Appeal Rules.…

…The bill of costs dated 5th October 2021 should have been filed in the court of appeal for taxation by the deputy registrar of that court as per the third schedule of the court of appeal rules 2022 iii.…

…This position is in fact enunciated in Rule 116(1) of the Court of Appeal Rules in the following terms: - The Registrar shall be a taxing officer with power to tax the costs arising out of any application or appeal to the…

…She admits the Notice of Appeal was filed within fourteen days but avers it was not served within the mandatory seven days under the Court of Appeal Rules, rendering the intended appeal incompetent.…

…The Respondent has argued that the intended appeal is incompetent for want of service of the Notice of Appeal within the timelines prescribed under the Court of Appeal Rules.…

…The application has been filed under Rules 39 and 40 of the Court of Appeal Rules 2010 which provide thus: “(a) where an appeal lies on certification by the superior court that the case is fit for such leave may be made informally…

…Additionally, and in accordance with Rule 39(b) of the Court of Appeal Rules, whether the application for leave was filed within the stipulated 14 days.…

…In the circumstances and in view of the dilatoriness in the applicant's present application, I decline to exercise my discretion under rule 4 of the Court of Appeal Rules in favour of the applicant.…

…In the circumstances and in view of the dilatoriness in the applicant's present application, I decline to exercise my discretion under rule 4 of the Court of Appeal Rules in favour of the applicant.…

…Pending the filing, bearing and determination of the Petitioner's intended appeal and application under Rule 5(2)(b) of the Court of Appeal Rules, this Court be pleased to issue a conservatory order preserving the status…

…The application constitutes an abuse of process, the Applicant having sought substantially similar orders before the Court of Appeal under Rule 5(2)(b) in Civil Application No.…

…Accordingly I agree with Murithi that the first part of the application is not really consistent with the aim of rule 4 of the Court of Appeal Rules.…

…The Respondent opposed this Motion through Grounds of Opposition dated 14 th May 2025 in which it is stated that the Motion offends the provisions of the Advocates (Practice) Rules, the Civil Procedure Rules and the Court…

…of Appeal Rules; that the current application is misplaced as Judith A.…

…29th March 2024, until payment in full. ii) THAT this Honourable Court be pleased to order the Respondent to refund the Applicant the sum of Kshs 301,447/=, being a taxation fee of 5% as per Part 5 of the Second Schedule of…

…the Court of Appeal Rules, 2022. iii) THAT the costs of this Application be provided for. 2.…

…February 2024, until payment in full. ii) THAT this Honourable Court be pleased to order the Respondent to refund the Applicant the sum of Kshs 468,701/=, being a taxation fee of 5% as per Part 5 of the Second Schedule of…

…the Court of Appeal Rules, 2022. iii) THAT the costs of this Application be provided for. 2.…

…They submitted that even though the application for stay was brought under Order 42 Rule 6 of the Civil Procedure Rules, the arguments made by Salam’s counsels were those applicable under Rule 5(2) (b) of the Court of Appeal…

…The test under the Civil Procedure Rules is different from that in the Court of Appeal Rules, 2022 in so far as, unlike Rule 5 (2) (b) of the Court of Appeal Rules, 2022, there is no requirement that a party must show that…

…NO. 474 OF 1997) *************** RULING OF THE COURT This is an application under rule 5 (2)(b) of the Court of Appeal Rules for a stay of execution of the ruling and order of Rimita J given on 17th March, 1999.…

…They submitted that even though the application for stay was brought under Order 42 Rule 6 of the Civil Procedure Rules, the arguments made by Salam’s counsels were those applicable under Rule 5(2) (b) of the Court of Appeal…

…The test under the Civil Procedure Rules is different from that in the Court of Appeal Rules, 2022 in so far as, unlike Rule 5 (2) (b) of the Court of Appeal Rules, 2022, there is no requirement that a party must show that…

…Limited, Communications Commission of Kenya & Kenya Broadcasting Corporation [2020] KECA 633 (KLR) that a Notice of Appeal is but a manifestation of an intention to appeal and that the definition of an appeal in Rule 2 of…

…the Court of Appeal Rule s to include an intended appeal is only for purposes of an application under Rule 5(2) (b) of the Court of Appeal Rules, akin to Order 42 Rule 6(1) of the Civil Procedure Rules , otherwise known…

…NO. 474 OF 1997) *************** RULING OF THE COURT This is an application under rule 5 (2)(b) of the Court of Appeal Rules for a stay of execution of the ruling and order of Rimita J given on 17th March, 1999.…