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…The purpose of judicial review was enunciated in the case of Municipal Council of Mombasa vs Republic Umoja Consultants Ltd, Nairobi Civil Appeal No.185 of 2007(2002) eKLR, where the Court of Appeal held that; “The Court…

…, and a time is limited by law for the bringing of the appeal, the court or judge may adjourn the application for leave until the appeal is determined or the time for appealing has expired.”…

…Aggrieved by the decision of the High Court, the applicants led an appeal to the Court of Appeal.…

…the Court of appeal–matters that the Court of Appeal misinterpreted or misapplied . 17.…

…Stay in case of appeal [Order 42, rule 6.] (1) No appeal or second appeal shall operate as a stay of execution or proceedings under a decree or order appealed from except in so far as the court appealed from may order but…

…Appeal to the Court of Appeal.…

…The 1st Respondent in both appeals averred that the Appellants in the first appeal and the second appeal had never had possession or control of the suit property.…

…E032 of 2023(The second appeal) The Appellant in this appeal, Nelson Odhiambo Ochungo (“the 2nd Respondent in the first appeal/Appellant in the second appeal”), was aggrieved by the decision of the lower court and preferred…

…The applicant, being dissatisfied, lodged a notice of appeal at the court of Appeal in Kisumu on 1st November 2022 and the said appeal was struck out on 4th April 2025.…

…appeal. 36.…

…An appeal is not instituted in the Court of Appeal until the record of appeal is lodged in its registry, fees paid and security lodged as provided in rule 58 and the inclusion of a memorandum of appeal”. 9.…

…A Notice of Appeal is not an appeal but just a formal notification of an intended appeal.…

…The Court of Appeal granted the order of stay pending appeal on condition that the Defendant would file a memorandum of appeal and a record of appeal within 60 days of the date of the order in default of which the stay was…

…Court of Appeal rules.…

…join to the appeal are necessary in the implementation of the outcome of the appeal. 3.…

…and submitted that introduction of strangers into the appeal ousts the jurisdiction of the court to hear and determine the appeal. 15.…

…On 4th November 2025 when this matter came before me for admission of this appeal, I declined to admit the appeal for reasons that the same had been filed out of time as the appeal was filed on 20th August 2024 against a…

…Therefore, to appeal against a decision of the Magistrates court, an appellant ought to file the appeal within thirty days.…

…the Court of Appeal.…

…This is so however incompetent the Notice of Appeal filed at the Court of Appeal is.…

…Further, that anything that renders an Appeal nugatory impinges on the very right of appeal.…

…No appeal shall lie from any order passed in appeal under this section.”…

…to the Court of Appeal). 4.…

…The appeal hereto being from a superior court to the Court of Appeal, the applicant was under a legal obligation to file a notice of appeal within 14 days from the date of the judgment.…

…Civil Appeal No. 47 of 2019.…

…the Court of Appeal.…

…or determine the applicant’s appeal.…

…of appeal.…

…Appeal Rules. 7.…

…Order 42 Rule 6 of the Civil Procedure Rules grants this court the power to order stay of execution pending determination of an appeal before the Court of Appeal, and provides as follows; No appeal or second appeal shall…

…In the instant appeal the record of appeal is not complete to begin with since its only a one page. 22.…

…It is this court’s view that the heart of the determination on the merits of an Appeal solely lies a Record of Appeal as is with the Memorandum of Appeal.…

…That the Applicant being dissatisfied with the said ruling has preferred an appeal at the Court of Appeal which is NAIROBI CIVIL APPEAL NO 704 OF 2024.…

…That the appeal has been duly filed and is only awaiting directions of the Court of Appeal.…

…Pending hearing and determination of the Appeal in Nairobi Court of Appeal Civil Appeal No.…

…That the appeal or intended appeal is an arguable one, that is, that it is not a frivolous appeal, 2.…