Judgment[1983] KECA 65
Case law
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Division and case type: CivilCivil Appeal
…There was a failure to comply with rule 86(2) as the order against which it is desired to appeal does not include a statement that leave to appeal was given by the superior court.…
…Rule 86(1) requires that where leave to appeal has been given or refused by the superior court immediately following the delivery of the decision against which it is desired to appeal, a statement that leave has been given…
Division and case type: CivilCivil Case
…Gatonye orally applied for leave to appeal on1/10/98 after the Ruling was read. It is also true that Mr. Gatonye alsoorally applied for stay of execution.But the record shows that, after the application, Mr.…
…Gatonye to say that the oralapplication for leave to appeal was not opposed. It was adjourned forsubmissions by Mr. Rachi but it appears that counsels got pre-occupied with attempts to get a buyer of the property, Mr.…
Division and case type: CivilCivil Case
…Gatonye orally applied for leave to appeal on1/10/98 after the Ruling was read. It is also true that Mr. Gatonye alsoorally applied for stay of execution.But the record shows that, after the application, Mr.…
…Gatonye to say that the oralapplication for leave to appeal was not opposed. It was adjourned forsubmissions by Mr. Rachi but it appears that counsels got pre-occupied with attempts to get a buyer of the property, Mr.…
Division and case type: GeneralUnclassified
…Amuga to be that he wanted to get leave to appeal before doing so. Rule 74(4) provides this is not necessary. In any event the leave to appeal allegedly obtained in April 1996 was granted out of time and is not valid.…
Division and case type: CivilCivil Case
…Gatonye orally applied for leave to appeal on1/10/98 after the Ruling was read. It is also true that Mr. Gatonye alsoorally applied for stay of execution.But the record shows that, after the application, Mr.…
…Gatonye to say that the oralapplication for leave to appeal was not opposed. It was adjourned forsubmissions by Mr. Rachi but it appears that counsels got pre-occupied with attempts to get a buyer of the property, Mr.…
Division and case type: CivilCase number Civil Application
…This necessitated their filing an application for leave to appeal in the superior court. Change of advocates took place on 26th March 2009.…
…to appeal.…
Division and case type: CivilCase number Civil Application
…Rule 4 is in point, because the present application arises out an application by the defendants for leave to appeal out of time. That is Civil Application No 30 of 1986.…
Division and case type: CivilCase number Civil Application
…MUNGAI..............................................................................................RESPONDENT (Application for leave to appeal out of time in an intended appeal from the judgment and decree of the High Court…
Division and case type: CivilMiscellaneous Application
…MUNGAI..............................................................................................RESPONDENT (Application for leave to appeal out of time in an intended appeal from the judgment and decree of the High Court…
Division and case type: CivilCivil Case
…Kiragu: I need leave to appeal Court: Leave granted. A. MSAGHA MBOGHOLI JUDGE…
Division and case type: CivilCivil Appeal
…The appellant was unhappy with this order and sought leave to appeal to this Court, which was granted. It then filed a notice of appeal followed by an appeal.…
Division and case type: Constitutional and Human RightsPetition
…learned Principal State Counsel, informed us that he was not aware of this letter when the application came before the High Court, and that had he been aware of it he would not have opposed the granting by the judge of leave…
…to appeal out of time.…
Division and case type: CriminalCriminal Appeal
…learned Principal State Counsel, informed us that he was not aware of this letter when the application came before the High Court, and that had he been aware of it he would not have opposed the granting by the judge of leave…
…to appeal out of time.…
Division and case type: CivilCivil Appeal
…In that case the excuse by Counsel for not filing the notice of appeal in time was that as no leave to appeal was obtained, no notice of appeal could be filed.…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…The appellant now appeals to this court against his conviction and sentence of death pronounced on February 3, 1983 having been given leave to appeal to this court on October 11, 1983 upon the 8 grounds as set out in his…
…application for leave to appeal against his conviction and sentence.…
Division and case type: CivilCivil Appeal
…That must mean that he must seek leave to appeal against Mr Justice J.S. Patel’s order out of time. That step has not been taken.…
Division and case type: CivilCivil Appeal
…In the meantime, upon being instructed by Mr Matiba, the appellant sought in Civil Appeal No 179 of 1993, the reversal by this Court of the leave to appeal granted by the High Court.…
Division and case type: CivilCivil Appeal
…He then granted leave to appeal. The appellant appealed to this Court on two main grounds, namely: 1. The learned judge erred in law and failed to exercise his discretion in the appellant’s favour. 2.…
Division and case type: CivilCivil Appeal
…That ruling was followed by an application for leave to appeal. Leave to appal was granted by Pall J whose leave led to the ling of this appeal.…