Search court decisions

….…..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…

………………………………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) ____…

…Whether the Defendant has demonstrated that its intended appeal is arguable 6. The present application seeks a stay of proceedings pending an intended appeal.…

…The finding that the intended appeal is arguable does not, however, dispose of the application.…

…This means that the statutory period within which the applicant ought to have filed his intended appeal expired on or about 4th April 2024.…

…On my part, I have perused the grounds advanced in the annexed draft Memorandum of Appeal and am satisfied that the intended appeal is arguable. 17.…

…She therefore urges the Court to exercise its discretion in her favour, and enlarge the time for filing the intended appeal.…

…Counsel for the Applicant submitted inter alia that the Court should exercise its discretion to enlarge time for filing the intended appeal.…

…E349 of 2023 Machakos Law Courts, pending the full hearing and determination of the Intended Appeal.…

…appeal. 16.…

…However, the question whether or not the intended appeal is competent is a matter falling within the province of the appellate court.…

…In the present case, the Appellant contends that release of the deposited sum would render the intended appeal nugatory.…

…He was emphatic that they had done all things necessary to formally initiate and preserve its intended appeal to the Court of Appeal. 5.…

…The balance of justice therefore tilts in favour of preserving the status quo pending determination of the intended appeal. 29.…

…The application principally seeks two orders, namely, leave to file the applicants intended appeal out of time and stay of execution of the trial courts judgement delivered on 23rd October 2024 pending hearing of the intended…

…I  have also considered the reasons advanced by the applicant for failure to file his intended appeal within the time prescribed by the law.…

…The applicant contends that his intended appeal is arguable and has high chances of success.…

…The applicant is hereby granted leave to file and serve his intended appeal within the next 14 days in default of which the leave  granted will automatically lapse.…

…Appeal.…

…The 1 st applicant also deposed that the intended appeal is arguable and has good prospects of success.…

…Appeal.…

…The 1 st applicant averred that the intended appeal is meritorious, arguable, raises important points of law, and has a strong prospect of success.…

…court’s judgement dated 12th October 2023 pending hearing and determination of his intended appeal. 2.…

…The same is allowed on terms that the intended appeal shall be filed and served within the next 14 days. 14.…

…Whether this court has jurisdiction to grant the orders sought pending the intended appeal. ii.…

…Whether this court has jurisdiction to grant the orders sought pending the intended appeal 14.…

…He argued that there is no automatic right of appeal, and that the court has discretion to grant leave where an intended appeal raises arguable issues. 9.   …

…Whether the Applicant has satisfied the conditions for the grant of stay of execution pending the intended appeal. 40.   …

…The Applicants also seek leave to file the intended appeal out of time.…

…Two questions fall for determination: whether leave to appeal is required and ought to be granted, and whether time should be extended for filing the intended appeal. 7.…

…For all the above reasons, I find merit in the applicant’s prayer for leave to file his intended appeal out of time.…

…The applicant’s prayer is consequently allowed on terms that he shall file and serve his intended appeal within 14 days of today’s date. 21.…

…Whether the applicant has satisfied the conditions for grant of stay of execution pending the intended appeal. c. Who pays the costs? 11.…

…Without expressing any concluded opinion on those issues, I am satisfied that the intended appeal is not plainly frivolous. l.…

…appeal. 2.…

…Having carefully weighed the competing interests of the parties, I find that even though the Applicant has not offered a wholly satisfactory explanation for the delay in filing the intended appeal, the intended appeal raises…