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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.…

…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.…

…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.”…

…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.…

….…………… 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.…

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

…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.…

…That the appellants requested for 14 days to file and serve the record of appeal; that upon consideration the court ordered the appellants to file and serve their record of appeal within 45 days failure of which the appeal…

…It is deposed that the matter was mentioned before the Deputy Registrar on 24 January 2024 and that no record of appeal had been filed despite counsel for the appellant indicating that he had filed the record of appeal on…

…The Defendant filed another application in the Court of Appeal dated 24th February 2023 for an extension of time to file and serve a record of appeal and for the record of appeal that was served upon the Plaintiff on 5th…

…The Defendant averred that he was granted a stay of execution of the judgment of this court by the Court of Appeal but he filed and served a record of appeal out of time that resulted in his record of appeal being struck…

…He attributed the need to file a Supplementary Record of Appeal due to human error.…

…The issue before this court is that the appellant, now applicant, filed a Record of Appeal but did not comply with the law. He then moved the court to file a Supplementary Record of Appeal.…

…(On the fate of an incomplete record of appeal) Introduction 1.   The Appeal before this court is against the Ruling of Hon. …

…The lack of a complete record of appeal renders the appeal incompetent and defective. 6.   …

…Item 30 in the index of the Record of appeal indicates that the proceedings run from page 141-246.…

…The said proceedings appear to relate to the defence case running all the way to page 243 of the Record of Appeal.…

…of appeal.…

…of appeal within 45 days.…

…She stated that both the Record of Appeal and Supplementary Record of Appeal being incomplete was defective and ought to be struck out.…

…She averred that the application was an afterthought and that the record of appeal and supplementary record of appeal were properly on record.…

…of a supplementary record of appeal.…

…The filing of the Record of Appeal is a matter of practice.…

…No court proceedings are attached in the Record of Appeal. ii. There is no Respondents’ submissions in the Record of Appeal. iii. No certificate of delay is annexed to explain the grounds of delay. iv.…

…THAT the Record of Appeal doesn’t have complete documents from the trial file as filed by the parties in this matter and the 1st Respondent shall seek the Appeal to be dismissed. 3.…

…For this Appeal to be made ready for Hearing there is the necessity of availing all the Pleadings and Typed Proceedings by way of Record of Appeal.…

…Given a period of three months from today he will have pursued all the materials relevant for filing a Record of Appeal in this Appeal so that the Appeal can be set down for Hearing.…