Case law
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Division and case type: CivilCivil Case
…RESPONDENT RULING This is an application for stay of execution pending the hearing and determination of an intended appeal. It is made under O XLI rule 4 of the Civil Procedure Rules.…
Division and case type: CivilMiscellaneous Application
….…..RESPONDENT R U L I N G The applicant has come to this court under Section 79 G of the Civil Procedure Act seeking leave of this court to file his intended appeal against the judgment delivered on 20th November 2002 in…
…It is evident that the judgment subject of the intended appeal was delivered on 20th November 2002 and that the applicant applied for copies of the proceedings and judgment on 21st November 2002 but did not receive them until…
Division and case type: CivilCivil Appeal
………………………………RESPONDENT (Application for extension of time to file an intended appeal from the Judgment and decree of the High Court of Kenya at Kakamega (Gicheru, J) dated December 24, 1982 In Civil Appeal 14 of 1981) ____…
Division and case type: CivilMiscellaneous Civil Application
…or intended appeal and whether primafacie, the intended appeal has chances of success or is a mere frivolity.”…
…While on the other hand, the aggrieved party is entitled to exercise his or her constitutional right of appeal and the intended appeal succeeding should not be rendered nugatory.…
Division and case type: CivilCivil Case
…application by Notice of Motion under order 41 Rule 4 of the Civil Procedure Rules for an order that there be a stay of execution of the decree/order of this court dated 21st May, 1998 pending the hearing and determination of the intended…
…appeal.…
Division and case type: CivilCivil Case
…Mr Gatonye applied for journment to get full instructions regarding the intended appeal. The application for adjournment was granted and so Mr. Rachi did not reply to Mr. Gatonye's oral application. Eventually Mr.…
Division and case type: CivilCivil Case
…Mr Gatonye applied for journment to get full instructions regarding the intended appeal. The application for adjournment was granted and so Mr. Rachi did not reply to Mr. Gatonye's oral application. Eventually Mr.…
Division and case type: CivilCivil Case
…Mr Gatonye applied for journment to get full instructions regarding the intended appeal. The application for adjournment was granted and so Mr. Rachi did not reply to Mr. Gatonye's oral application. Eventually Mr.…
Division and case type: CivilCivil Suit
…WAREHOUSE/ALLIED WHARFAGE….RESPONDENT RULING This is an application for stay of the execution of the Ruling of this court dated the 16th of June, 1995 and the orders made therein pending the hearing and determination of an intended…
…appeal to the Kenya Court of Appeal.…
Division and case type: CivilCivil Suit
…WAREHOUSE/ALLIED WHARFAGE….RESPONDENT RULING This is an application for stay of the execution of the Ruling of this court dated the 16th of June, 1995 and the orders made therein pending the hearing and determination of an intended…
…appeal to the Kenya Court of Appeal.…
Division and case type: CivilCivil Case
…in which three main prayers featured: that leave be granted to amend the Memorandum of Appeal with the draft amended memorandum being deemed as filed and served; that there be a stay of execution in this suit until the intended…
…appeal is determined and lastly that the Appellants attached property be released/restituted to them.…
Division and case type: CivilCivil Appli
…Para 6:- THAT I verily believe that the intended appeal raises points of law of general public importance. Mrs.…
…Onyango Chief Litigation Counsel in her usual forceful presentation showed on prima facie basis the grounds she hopes would secure the success of her client's intended appeal, pointing out that the extracted Decree or Order…
Division and case type: CivilCivil Case
…In such a case, the intended appeal if successful will be rendered nugatory. Substantial loss may thereby occur. The application for sty was filed timeously.…
Division and case type: CivilCivil Appeal
…in which three main prayers featured: that leave be granted to amend the Memorandum of Appeal with the draft amended memorandum being deemed as filed and served; that there be a stay of execution in this suit until the intended…
…appeal is determined and lastly that the Appellants attached property be released/restituted to them.…
Division and case type: Milimani Commercial CourtsCivil Case
…In that regard the intended appeal to the Court of Appeal by the applicant cannot operate as a stay.…
Division and case type: CriminalCriminal Appeal
…When the appeal came for hearing before us, Mr Chunga the Deputy Public Prosecutor, raised a preliminary objection under section 348 of the Criminal Procedure Code to the effect that the intended appeal by the appellant against…
Division and case type: CivilCivil Case
…interpreted by honourable Mr Justice Hayanga, regarding payment or otherwise of a sum of Kshs 1,373,832.40 which had been disputed and which was to be deposited in an interest earning account pending the outcome of the intended…
…appeal by the defendant against the said Justice Hayanga’s order.…
Division and case type: CivilCivil Case
…interpreted by honourable Mr Justice Hayanga, regarding payment or otherwise of a sum of Kshs 1,373,832.40 which had been disputed and which was to be deposited in an interest earning account pending the outcome of the intended…
…appeal by the defendant against the said Justice Hayanga’s order.…
Division and case type: CivilCivil Suit
…A notice of intended appeal was filed in this suit in March this year so I will say no more about it. The appellant was a youth of 14 when the respondent injured his eye and he lost his sight in it there and then.…