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…the hearing of the Appeal, although no Bench had as yet been decided upon to hear the appeal.…

…) to hear the present appeal.”…

…Judgment, the subject matter of the intended appeal, was delivered on 30th January, 1996. On 1st February, 1996 a Notice of Appeal was duly lodged by the applicant.…

…As the first respondent has in effect actually denied receiving a copy of the Notice of Appeal, I am compelled in the absence of a postal certificate to hold that the first Notice of Appeal herein may not have been properly…

…IN THE COURT OF APPEAL AT NAIROBI (CORAM: MADAN & NYARANGI JJ A, GACHUHI AG JA) CRIMINAL APPEAL NO 145 OF 1985 BETWEEN NJOROGE.....................................…

…This court acceded to the application for extension of time to file the notice of appeal and the appeal itself.…

…IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, OMOLO & PALL, JJ.A.) CIVIL APPEAL NO. 33 OF 1996) BETWEEN JOEL KYALO MWEI………...........….….……..APPELLANT AND PAUL NGEI NZIOKA..........…………...…..…

……RESPONDENT (Appeal from the judgment of the High Court of Kenya at Machakos (Hon. Justice J. L. A. Osiemo) dated the 22nd day of November, 1995 IN H. C. C. C.…

…IN THE COURT OF APPEAL AT NAIROBI ( Coram: Kneller, Hancox JJA & Nyarangi Ag JA) CRIMINAL APPEAL NO. 150 OF 1983 BETWEEN RICHARD KAITANY CHEMAGONG..................................................APPELLANT AND REPUBLIC...…

…....................................................................................RESPOND (Appeal from the High Court at Eldoret, Mbaya J) JUDGMENT The appellant in this case appeals from his conviction of murder and sentence…

…IN THE COURT OF APPEAL AT NAIROBI (Coram: Gicheru, Kwach & Omolo JJ A ) CIVIL APPEAL NO. 190 OF 1991 BETWEEN 1. ISAIAH MATHENGE 2.…

…His appeal must accordingly succeed on this ground alone.…

…IN THE COURT OF APPEAL AT NAIROBI (Coram: Apaloo CJ, Kwach, Cockar, Omolo & Tunoi JJ A) CIVIL APPEAL NO 145 OF 1990 TROUISTIK UNION INTERNATIONAL INGRID URSULA HEINZ …………………….….… APPELLANTS VERSUS JANE MBEYU ALICE MBEYU ……

…In our opinion, the true view is that that appeal was simply wrongly decided.…

…He has not appealed against that decision.…

…The memorandum of appeal contains 13 grounds of appeal.…

…The First respondent led a notice of appeal and applied for the proceedings in order to le the intended appeal. The second respondent did nothing on the decision. 4.…

…The order of Pall J was the subject of Civil Appeal No 179 of 1993 which appeal was heard prior to this appeal and separate judgment dismissing it delivered. 5.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appeal 263 of 2004 ABERDARE FREIGHT SERVICES LTD………………………....APPELLANT AND KENYA REVENUE AUTHORITY……………………………….RESPONDENT (Being an appeal from the judgment…

…That is the application that gave rise to the appeal before us. The pleadings………..…

…Even if it is accepted that a notice of appeal is not struck out when an incompetent appeal is struck out, it can only mean a valid notice of appeal can survive. An invalid notice of appeal is no notice at all.…

…As I have said no appeal can be filed unless a valid notice of appeal to precede it has been filed. In other words a valid notice of appeal is the basis of a competent appeal.…

…NO. 3499 OF 1992 ************************* RULING OF THE COURT This is an application under rule 80 of the court of Appeal Rules by which the respondents seek to strike out the appeal on the ground that the record of appeal…

…This is a primary document and its exclusion renders the appeal incurably incompetent. Mr. Bigogo does not dispute the fact that the order does not form part of the record of appeal.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NYERI (Coram: Omolo, Akiwumi & Lakha, JJ.A.)…

…We allow the appeal, set aside the summary rejection and direct that the learned Judge must admit the appellant's appeal and proceed to hear it according to law. Those shall be our orders.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, LAKHA & OWUOR, JJ.A.) CIVIL APPEAL NO. 171 OF 1995 BETWEEN ROYAL MEDIA SERVICES LTD. ..............................…

…That being so, the notice of appeal and the appeal abovementioned are struck out with costs of the appeal and this application. Made at Nairobi this 29th day of July, 1999. J.E. GICHERU ..................…

…IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, AKIWUMI & LAKHA, JJ.A.) CIVIL APPEAL NO. 92 OF 1989 BETWEEN CORNELIUS K. BIRGEN ....................................APPELLANT AND KIPRONO A.…

…But no appeal lies under s.75 (2) of the Civil Procedure Act from an order in appeal by the superior court. Accordingly no appeal lies and this appeal is struck out with costs to the Respondent.…

…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…

…by me, and that the record of appeal be filed within the next 21 days which record shall include the copy of notice of appeal filed on 20th March, 1997 and a copy of this Ruling.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, TUNOI & LAKHA, JJ.A.)…

…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…

…(Appeal from a judgment of the High Court of Kenya at Machakos (Honourable Mr.…

…incompetent for the reason that the record of the said appeal does not contain a certified copy of the decree appealed against as is required by rule 85 (1) (h) of the Rules of this Court.…

…in civil appeal No 80 of 1987.…

…Variation or precision cannot include the words “Stay pending appeal”. An appeal generally seeks to set aside the orders of the Tribunal or court below.…