Case law
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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
…VIRDI T/A JASWINDER SINGH ENTERPRISES......................... 3RD RESPONDENT (Application to strike out the record of appeal lodged on 9th September 1997 from the ruling of the High Court of Kenya at Nairobi (Mr Justice…
…1997, when he received from the High Court Registry, a letter dated 3rd July, 1997 asking him to do so; that he collected the copies of proceedings on 15th July 1997, and thereafter, on 9th September, 1997, he lodged the record…
Division and case type: GeneralUnclassified
…NO. 1064 OF 1996) *************** R U L I N G This is an application under rule 4 of the Rules of this Court seeking an extension of time for the filing of the record of appeal from the ruling of the superior court given…
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: CivilCivil Appeal
…At page 137 of the record of appeal within which this application is filed, it is shown that the Deputy Registrar certified the order on the 29th July, 1996. The appeal was lodged on the 15th August, 1996. As Mr.…
Division and case type: GeneralUnclassified
…against the ruling of the learned single Judge of this Court whereby he exercised his discretion under rule 4 of the Rules of this Court in favour of the respondent and granted him extension of time for lodging the Notice of…
…Appeal and the record of appeal.…
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: 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: CriminalCriminal Appeal
…Nganga's contention that the case against the appellant was hinged on suspicion. 12.We have considered these rival submissions and read the record of appeal.…
…notwithstanding, however, if, after re-evaluation of the evidence, the appellate court is satisfied that the same does not justify a conviction, it has to interfere with it. 13.In discharge of our said duty, we havecarefully read the record…
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: 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: CivilMiscellaneous Application
…It is an application by Kaplan & Stratton, Advocates, for extension of time for lodging a Notice of Appeal and Memorandum and Record of Appeal.…
…The present application by way of a Notice of Motion was filed by the applicant on 25th April, 2000 seeking extension of time for lodging a fresh Notice of Appeal and Memorandum and Record of Appeal (substantive application…
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: CivilCivil Appeal
…This should be lodged within 7 days hereof and the record of appeal shall be filed within 21 days thereafter. The costs occasioned by this reference shall be in the intended appeal in any event.…
Division and case type: CivilCivil Appeal
…So that this case is finally disposed of, I order that the record of appeal be filed within 30 days hereof and thereafter be served on all the respondents according to the rules.…
Division and case type: CivilCivil Case
…The record of appeal must be filed within twenty one days from the date hereof. The costs of this application shall be costs in the appeal. Dated and delivered at Nairobi this 25th day of March, 1997. R. S. C.…
Division and case type: CivilCivil Appeal
…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: CivilCase number Civil Application
…According to the applicant's supporting affidavit to the present application, he was financially incapacitated and was therefore unable to lodge the record of his intended appeal within the extended time.…
…He now has sought and obtained assistance from Kituo Cha Sheria which has agreed to prepare the notice and the record of appeal for him if time in respect thereof is extended.…
Division and case type: CivilMiscellaneous Application
…According to the applicant's supporting affidavit to the present application, he was financially incapacitated and was therefore unable to lodge the record of his intended appeal within the extended time.…
…He now has sought and obtained assistance from Kituo Cha Sheria which has agreed to prepare the notice and the record of appeal for him if time in respect thereof is extended.…