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…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…

…Bigogo does not dispute the fact that the order does not form part of the record of appeal. That being the case, the appeal is struck out as incompetent with costs to the respondents.…

…The time within which the said record of appeal is to be lodged and served be stated. 3. The costs of this application to be provided for.”…

…(e) It is fair and just that the time for filing the record of appeal be extended.”…

…NO. 3457 OF 1995) ****************** RULING: In this application, the applicants have sought extension of time within which to lodge the notice and the record of appeal.…

…The application for extension of time within which to lodge the notice and the record of appeal is therefore dismissed with costs to the respondent. Dated and delivered at Nairobi this 4th day of August, 1997. J.E.…

…Accordingly, I order that Notice of Appeal be filed within 7 days from today and the Record of Appeal within 21 days thereafter.…

….…………… RESPONDENT (Application for extension of time to serve the record of appeal and the appeal be admitted of time at the High Court of Kenya at Nakuru ( Masime J ) dated December 3, 1983 In High Court Civil Case No 235…

…Instead, the application before me is for extension of time within which to file the record of appeal. Even for that application, no reasons have been stated as to the cause of delay.…

…NAI. 141 OF 2004 BETWEEN WALTER AWUOTH AYUGI ………………………………………… APPLICANT AND HESBORN SULE OKOTH ………………………………………… RESPONDENT (Application for leave to file and serve notice and record of appeal out of time in an intended appeal…

…In that case, it appears the mistake was on some kind of law, namely whether or not a formal order was necessary in the record of appeal.…

…NAIROBI civil misc appl 211 of 98 MACHARIA KARUGU I ......................................APPLICANT AND CHEGE MACHARIA .........................................RESPONDENT (Application for extension of time to file Notice and Record…

…of Appeal from the Judgment of the High Court of Kenya at Nairobi (Justice Githinji) dated 13th October, 1997 in H.C.C.C.…

….…………… RESPONDENT (Application for extension of time to serve the record of appeal and the appeal be admitted of time at the High Court of Kenya at Nakuru ( Masime J ) dated December 3, 1983 In High Court Civil Case No 235…

…Instead, the application before me is for extension of time within which to file the record of appeal. Even for that application, no reasons have been stated as to the cause of delay.…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MOMBASA Civil Appeal (Appli) 164 of 2005 ABDULSHAKOOR KHANDWALLA…………APPLICANT/RESPONDENT AND EAST AFRICAN BUILDING SOCIETY……..RESPONDENT/APPELLANT (Application to strike out record…

…of appeal in an appeal from the ruling and order of the High Court of Kenya at Mombasa (Maraga J) dated 11th June, 2004 in H.C.C.C.…

…The record of appeal was filed on June 7, 2001 and served on the respondent on August 8, 2001 while this application for extension of time was not filed in Court until October 31, 2001.…

…According to rule 87 of the Court of Appeal Rules a copy of a record of appeal must be served on a respondent within seven days after lodgement of the same in Court.…

…of appeal was adulterated and confused with multiple records of appeal being in existence.…

…of appeal that was in the High Court.…

…Khaminwa, complained at the start of the hearing of the appeal that the record of appeal contains illegible pages which rendered the record of appeal incompetent. He relied on Rule 13 of the Rules of this Court. Mr.…

…Khaminwa having known of the position since his firm was served with the record of appeal is April 1994, should be condemned to costs for the adjournment is granted on the following terms:- 1.…

…_ RULING This application for leave to lodge the record of appeal within extended time was contested, as well as it might be.…

…Then it was found that the time to lodge the record of appeal had expired. It had expired on February 9, 1986 or thereabouts. But after May 23, 1986 it still took until August 11 to apply.…

…grounds that he was not served with Notice of Appeal within time which was file on 14th May, 1982 and should have been served within 7 days (rule 76 (1); secondly, the respondent was also not served with the Memorandum of…

…Appeal and the record of Appeal within seven days after lodging it on 14th July, 1982 (rule 87 (1).…

…The record of appeal has been filed as supplied by the High Court. At the trial in the High Court the plaintiff was represented by Mr Vadgama assisted by Mr Muttu.…

…An application was filed in this court three days ago for leave to insert certain omissions into the record of appeal said to have been left out from the trial judge’s notes of the trial, but which appear in the notes taken…

…THE COMMISSIONER OF LANDS ........................RESPONDENTS (Application for leave to file and serve Notice and Record of appeal out of time in an intended appeal from a Ruling & Order of the High Court of Kenya at Meru…

…NO. 99 OF 1996) **************** R U L I N G There is before me a motion on notice under rule 4 of the Rules of this Court (the Rules) seeking an extension of time to file and serve a notice and a record of appeal from the…

…Mr Muthoga told us that his address to serve him with the record of appeal was taken from the proceedings in the lower court; hence his appearance in court before us.…

…The failure to do so also introduced another inaccuracy in the record of appeal making wrong the certification of its correctness as required by rule 85(5).…

…of appeal, on the respondent.…

…That order meant that the record of appeal ought to have been filed on (about) 18th May, 1993. As the order of Muli J.A was made on 2nd June, 1993 the date for filing the record of appeal was already past.…

…WARGEN SERVICE STATION LIMITED.......................RESPONDENTS (Application for extension of time to file Record of Appeal in the intended appeal from a Ruling of the High Court of Kenya at Nairobi (Juma, J.) dated 23rd…

…criminal proceedings were part of the record of the High Court; he told me they were not.For the life in me, I do not see how those criminal proceedings which admittedly were not before Juma, J. could be included in the record…