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You searched for cases with the following details ; Filter Case Year : 2005. Court Name : Court of Appeal at Eldoret.
Standard Assurance Ltd V Bernard Otieno Rapuoda [2005] EKLR
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Case Number: Civil Appli NAI 260 of 2005 |
Date Delivered: 16 Dec 2005 |
Judge: William Shirley Deverell
Court: Court of Appeal at Kisumu
Parties: Standard Assurance Ltd v Bernard Otieno Rapuoda
Advocates:
Citation: Standard Assurance Ltd v Bernard Otieno Rapuoda [2005] eKLR
[RULING]Civil Procedure - extension of time - application for extension of time to file and serve the notice of appeal out of time in an ended appeal - delay of eight days in filing the notice of appeal - duty of the applicant to satisfactorily explain the delay - it is incumbent upon the intended appellant through its advocates to act promptly without undue delay in making application for extension of time - whether there was any merit in the intended appeal - whether there was a likelihood of prejudice to the respondent if the extension was granted - Court of Appeal Rules rule 4
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Romanus Okeno V Bank Of Baroda [2005] EKLR
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Case Number: Civil Application Nai 251 of 2005 |
Date Delivered: 02 Dec 2005 |
Judge: Emmanuel Okello O'Kubasu
Court: Court of Appeal at Kisumu
Parties: Romanus Okeno v Bank of Baroda
Advocates:
Citation: Romanus Okeno v Bank of Baroda [2005] eKLR
[RULING]Civil Procedure - extension of time - application for extension of time within which to file notice of appeal out of time - applicant stating that he and his advocate were not aware of the date the judgment from which they sought to appeal was delivered - in an application under rule 4 of this Court’s Rules the single Judge of the Court is being called upon to exercise his unfettered discretion. The matters which are to be considered whether to grant an extension of time are first the length of the delay,the reason for that delay,the chances of the appeal succeeding and lastly the degree of prejudice to the respondent if the application is granted.
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Boya Rural Nursing Home Ltd V National Hospital Insurance Fund Board Of Management [2005] EKLR
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Case Number: Civil Appeal Appli 46 of 2005 |
Date Delivered: 02 Dec 2005 |
Judge: Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu
Court: Court of Appeal at Kisumu
Parties: Boya Rural Nursing Home Ltd v National Hospital Insurance Fund Board of Management
Advocates:
Citation: Boya Rural Nursing Home Ltd v National Hospital Insurance Fund Board of Management [2005] eKLR
[RULING] Civil Procedure - Application under rules 80 and 81 of the Court of Appeal Rules to strike out the record of appeal - grounds: that the appeal has been lodged out of the prescribed time without the requisite leave; that no leave to appeal had been obtained from the superior court or this Court before the appeal was filed or at all and that the form of the proceedings and the headings of the appeal were not correctly instituted - whether leave was required in respect of proceedings commenced under Order L111 rule 1 of the Civil Procedure Rules - whether an appeal lay as of right
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Caleb Ojwando Ochindo V Republic [2005] EKLR
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Case Number: Criminal Appeal 115 of 2005 |
Date Delivered: 02 Dec 2005 |
Judge: Riaga Samuel Cornelius Omolo, Erastus Mwaniki Githinji, William Shirley Deverell
Court: Court of Appeal at Kisumu
Parties: Caleb Ojwando Ochindo v Republic
Advocates:
Citation: Caleb Ojwando Ochindo v Republic [2005] eKLR
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Richard Akwesera Onditi V Kenya Commercial Finance Co. Ltd [2005] EKLR
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Case Number: Civil Application Nai 234 of 2005 |
Date Delivered: 01 Dec 2005 |
Judge: William Shirley Deverell
Court: Court of Appeal at Kisumu
Parties: Richard Akwesera Onditi v Kenya Commercial Finance Co. Ltd
Advocates:
Citation: Richard Akwesera Onditi v Kenya Commercial Finance Co. Ltd [2005] eKLR
[RULING] Civil Procedure - pauper appeal - application to be allowed reliefs from payment of fees and security for costs in an appeal from a judgment and decree - rule 112 of the Court of Appeal Rules
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Manase Onyimbi V Board Of Management Of Kenya Medical Research Institute & Another [2005] EKLR
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Case Number: Civil Application Nai 215 of 2005 |
Date Delivered: 01 Dec 2005 |
Judge: Erastus Mwaniki Githinji
Court: Court of Appeal at Kisumu
Parties: Manase Onyimbi v Board of Management of Kenya Medical Research Institute; Director,Alupe Leprosy and Skin Diseases Research Centre Busia (K)
Advocates:
Citation: Manase Onyimbi v Board of Management of Kenya Medical Research Institute & another [2005] eKLR
[RULING] Civil Procedure - application for leave to file Notice and Record of Appeal out of time - Before the Court can exercise its wide discretionary power in favour of the applicant,the applicant should satisfy the Court that the intended appeal is not frivolous,that there has not been inordinate delay in filing this application,and lastly,that if the application is allowed,the respondent will not suffer undue prejudice.
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Jeremiah Achila Gogo V Telkom Kenya Limited [2005] EKLR
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Case Number: Civil Application Nai 181 of 2005 |
Date Delivered: 01 Dec 2005 |
Judge: Erastus Mwaniki Githinji
Court: Court of Appeal at Kisumu
Parties: Jeremiah Achila Gogo v Telkom Kenya Limited
Advocates:
Citation: Jeremiah Achila Gogo v Telkom Kenya Limited [2005] eKLR
[RULING] Civil Procedure - application for leave to file an application for striking out the the notice of appeal - Before the Court can exercise its unfettered discretion in favour of the applicant the applicant has to show,among other things,that the intended application is not frivolous; that the delay in bringing this application has not been inordinate and that the extension of time will not cause undue prejudice to the respondent - delay of 11 months - whether delay was inordinate and unjustified - decree being far in excess of the judgment - whether that was a strong reason why the respondent should be allowed to prosecute the appeal
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Small Enterprises Company Ltd V John Odidi Omulo & Another [2005] EKLR
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Case Number: Civil Application Nai 230 of 2005 |
Date Delivered: 29 Nov 2005 |
Judge: Emmanuel Okello O'Kubasu
Court: Court of Appeal at Kisumu
Parties: Small Enterprises Company Ltd v John Odidi Omulo & Meshack Nyakundi
Advocates:
Citation: Small Enterprises Company Ltd v John Odidi Omulo & another [2005] eKLR
[RULING] Civil Procedure - application under rule 76 of the Court of Appeal Rules for leave to dispense with service of all the documents relating to the appeal to the 2nd respondent.
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Teresa Moraa Omundi & Another V Stephen Kendu Nyaega [2005] EKLR
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Case Number: Civil Application Nai 216 of 2005 |
Date Delivered: 29 Nov 2005 |
Judge: Emmanuel Okello O'Kubasu
Court: Court of Appeal at Kisumu
Parties: Teresa Moraa & Nyanchoka Omari v Stephen Kendu Nyaega
Advocates:
Citation: Teresa Moraa Omundi & another v Stephen Kendu Nyaega [2005] eKLR
[RULING] Civil Procedure - extension of time - application under rule 4 of the Court of Appeal Rules to file and serve Notice and Record of Appeal out of time - previous appeal having been struck out for having been filed without the leave of the court - no delay in bringing the application - whether the application should be allowed.
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Gad David Ojuando V Nimrod Bwibo & 2 Others [2005] EKLR
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Case Number: Civil Application Nai 199 of 2005 |
Date Delivered: 25 Nov 2005 |
Judge: Emmanuel Okello O'Kubasu
Court: Court of Appeal at Kisumu
Parties: Gad David Ojuando v Nimrod Bwibo (Chairman Maseno University Council), FN Onyango (Vice Chairman Maseno University) & Maseno University
Advocates:
Citation: Gad David Ojuando v Nimrod Bwibo & 2 others [2005] eKLR
[RULING] Civil Procedure - application under rule 4 of the Court of Appeal Rules for extension of time to file and serve notice of appeal out of time - application unopposed - application allowed.
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