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…The Claimant herein filed application dated 18th January, 2024 seeking for orders of leave to file Notice of Appeal out of prescribed time and the attached Notice of Appeal to be deemed as duly filed.…

…That by the time the Claimant learnt of the judgment the 30 days within which Notice of Appeal ought to be filed had already lapsed.…

…It is clear from the foregoing that the Notice of Appeal filed by the Respondent/Applicant on 26/5/2022 and endorsed by this Court’s Deputy Registry on27/5/2022 DOES NOT relate to this Court’s Judgment delivered by Honourable…

…I do agree with the Claimant that the Respondent did not, and has not filed a Notice of Appeal against this Court’s judgment delivered on 13/5/2022.…

…In his affidavit, Kupalia aver that under Section 7 of the Appellant Jurisdiction Act, leave is required to file a Notice of Appeal out of time.…

…In reply, the respondent filed his Replying Affidavit and averred that there is no proof that his advocates were instructed to file a Notice of Appeal in time.…

…Following the extension of time, the Respondent lodged and served a fresh Notice of Appeal dated 22nd November 2024.…

…Subsequently, the Court of Appeal granted an extension to file a fresh Notice of Appeal on 22nd November 2024. c.…

…of Appeal regarding this Court’s judgment delivered on 13/5/2022 (Byram Ongaya, J), and that as provided in Order 42 Rule 6(4) of the Civil Procedure Rules, it is the Notice of Appeal that institutes an appeal to the Court…

…This Court cannot grant an order staying execution of its decree unless there is a Notice of Appeal and/or a valid Notice of Appeal on record regarding the decree intended to be appealed against. 5.…

…It was then that the applicant was roused to seek extension of time to lodge a Notice of Appeal in particular against the order of the superior court directing the release of the money forfeited to the Central Bank of Kenya…

…In the result, we allow this reference, set aside the order of the single judge of this Court dismissing the applicant's application for extension of time to lodge a Notice of Appeal and to deem its Notice of Appeal lodged…

…It was then that the applicant was roused to seek extension of time to lodge a Notice of Appeal in particular against the order of the superior court directing the release of the money forfeited to the Central Bank of Kenya…

…In the result, we allow this reference, set aside the order of the single judge of this Court dismissing the applicant's application for extension of time to lodge a Notice of Appeal and to deem its Notice of Appeal lodged…

…The Claimant/Respondent avers that the Notice of Appeal was filed on 12th April, 2024 and that it is now over 90 days since the date of filing the notice, and therefore the sixty (60) days period for the life of a Notice…

…of Appeal has expired and without filing a certificate of delay, the notice of appeal does not exist and should therefore be struck out so that the decree holders may proceed with the execution process. 6.…

…of appeal has been given.” 11.…

…Under Rule 75(2) of the Court of Appeal Rules 2010, a notice of appeal shall be lodged within fourteen days of the date of the decision against which it is desired to appeal. 12.…

…of Appeal had been filed against the Ruling of the Court delivered on 29 May 2024. 9.…

…of Appeal did not automatically translate into a stay of execution. 11.…

…the applicant and no prejudice would be suffered by the respondent if the notice of appeal is deemed as properly filed.…

…The applicant in submission contended that the application was to regularise the filed notice of appeal before the law firm had leave to file the same.…

…The Applicants averred that the Respondent through its advocates filed a notice of Appeal dated 11th November,2020 indicating their dissatisfaction with the court’s judgment.…

…That the Respondent having lodged a notice of appeal had failed to institute an appeal to date. 7.…

…It basically seeks the following orders: THAT this Honourable Court be pleased to enlarge time for filing of the Notice of Appeal and the Appellant’s Notice of Appeal dated 20th August, 2024 lodged on the 24th August 2024…

…while trying to lodge a Notice of Appeal.…

…Justice Owuor) dated 9th December, 1998 in Succession Cause No. 2572 of 1996) ************************** RULING OF THE COURT The respondent filed a notice of appeal on 18th December, 1998, declaring his intention to appeal…

…In the circumstances it is quite clear that he went to sleep and the applicant has quite properly applied to have the notice of appeal struck out.…

…The respondent is also seeking leave to appeal out of time and to treat the Notice of Appeal dated 24 March 2025 as having been filed within time.…

…There is a Notice of Appeal dated 24 March 2025 seeking to set aside the judgment herein, and unless an order of stay is granted, the respondent shall suffer irreparable loss and damage.…

…Sacharia (1982-88) 1 KAR, that since Rule 76(1) permits a notice of appeal to be served on persons affected by the appeal even before the lodging of the notice of appeal, and Rule 74(6) which relates to the substance of notice…

…of appeal only requires that it be signed by or on behalf of the appellant, such a notice of appeal does not require to have been first signed by the Registrar before it is served.…

…The applicant filed notice of appeal against the High Court order on 5th February 1988. It is against this High Court Order that the application is made for stay of execution pending the hearing of the intended appeal.…

…That notice of appeal, or rather purported notice of appeal, was dated February 25, 1983, but not apparently filed in the High Court Registry until February 28, 1983. It was received in this registry on March 16, 1983.…

…that notice of appeal out of time, because he had no instructions, but that he nevertheless took steps towards the filing of the appeal, including the filing of the purported notice of appeal, “purely as a precaution”.…

…That notice of appeal, or rather purported notice of appeal, was dated February 25, 1983, but not apparently filed in the High Court Registry until February 28, 1983. It was received in this registry on March 16, 1983.…

…that notice of appeal out of time, because he had no instructions, but that he nevertheless took steps towards the filing of the appeal, including the filing of the purported notice of appeal, “purely as a precaution”.…

…The Claimant herein filed application dated 10th July, 2024 seeking for orders of leave to file Notice of Appeal out of prescribed time against the Ruling of this court delivered on 27th May,2024. 2.…

…The above provision clearly shows that a Notice of Appeal is to be filed 14 days after delivery of the Judgment in the trial court which in this case was Employment and Labour Relations Court Nairobi.…