Diana Akinyi Odhiambo V Charles Njoroge & Another [2018] EKLR | ||
| Civil Appeal 231 of 2012 | 17 May 2018 | |
Amraphael Mbogholi-Msagha
High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Diana Akinyi Odhiambo v Charles Njoroge & Joyce Kabura
Diana Akinyi Odhiambo v Charles Njoroge & another [2018] eKLR
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Management Committee Of Shalem Community Edicators & 7 Others V Registered Trustees Of Micro Enterprises Support Programme Trust [2016] EKLR | ||
| Civil Appeal 700 of 2012 | 25 Nov 2016 | |
Joseph Kiplagat Sergon
High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Management Committee of Shalem Community Edicators,Josephine Mbaya,David Mbaya,Ruth G. Mbogori,Boniface Naukot,Stephen Kimatia,Rosemary Mutuma & Gladys Gichoga v Registered Trustees of Micro Enterprises Support Programme Trust
Management Committee of Shalem Community Edicators & 7 Others v Registered Trustees of Micro Enterprises Support Programme Trust [2016] eKLR
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Govinda & Sons Company V Hassan Anamange Ochahiru [2016] EKLR | ||
| Civil Appeal 676 of 2012 | 14 Nov 2016 | |
Joseph Kiplagat Sergon
High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Govinda & Sons Company v Hassan Anamange Ochahiru
Govinda & Sons Company v Hassan Anamange Ochahiru [2016] eKLR
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Doreen Mbiro Wallace V James Kennedy Mutia & 2 Others [2015] EKLR | ||
| Civil Case 31 of 2012 | 02 Oct 2015 | |
Eric Kennedy Okumu Ogola
High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Doreen Mbiro Wallace v James Kennedy Mutia, Polarise Enterprises Limited & Nic Bank Limited
Doreen Mbiro Wallace v James Kennedy Mutia & 2 others [2015] eKLR
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EURO BANK LIMITED (IN LIQUIDAITON) V SHAH MUNGE & PARTNERS LTD [2012] EKLR | ||
| Civil Case 232 of 2006 | 20 Dec 2012 | |
Jonathan Bowen Havelock
High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
EURO BANK LIMITED (IN LIQUIDAITON) v SHAH MUNGE & PARTNERS LTD
EURO BANK LIMITED (IN LIQUIDAITON) v SHAH MUNGE & PARTNERS LTD [2012] eKLR
Whether A Notice Of Appeal May Be Filed Before Leave To Appeal Against A Decision Is Granted
Reported by B. A. Ikamari
Issues:
i. Whether a litigant seeking to appeal against an order for which the leave of court is required should first seek such leave then lodge its appeal.
ii. Whether the interplay between Order 43 Rule 2 of the Civil Procedure Rules 2010 and Rule 75(4) of the Court of Appeal Rules 2010 allows for the filling of a notice of intention to appeal without seeking leave of court to appeal, where the intended appeal raises serious issues for determination on appeal.
Civil Practice and Procedure-appeal-leave of court to appeal-circumstances under which a court would grant leave to file an appeal-whether a notice of intention to appeal may be filed before leave is granted for purposes of filing the appeal-the Civil Procedure Rules, 2010, Order 43 Rule 2 and the Court of Appeal Rules, 2010, Rule 75(4)
Held:
1. Order 43(2) of the Civil Procedure Rules 2010 provided that an appeal would lie with leave of the Court from any other order made under the rules. The Rule would cover an Order made by the Court under Notice to Show Cause why the suit should not be dismissed under Order 17 Rule 2 of the Civil Procedure Rules 2010.
2. No application for leave was made at the time when the court made an Order earlier on, on February 17, 2012. However, the application for leave was made on February 29, 2012 within 14 days of the date of the court's Order and within the time prescribed by Order 43(3). Hence the Defendant's Grounds of Opposition had no bearing on this matter.
3. The plaintiff's application dated February 29, 2012, was properly before court although it entails leave sought after a notice of appeal has been filed.
4. The proposed appeal would raise fundamental issues in relation to the court's powers to dismiss a suit for want of prosecution for a step not taken, not only in a case where a hearing date was fixed less than a year prior to the dismissal as envisaged under Order 17 Rule 2 but also generally. The appeal would also be useful in defining the role of the court in driving the litigation process.
Application allowed, leave to appeal against the Court's Order of February 17, 2012 granted
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DANIEL KIRONUA V JOSHUA MUTENGI MULI [2012] EKLR | ||
| Civil Appeal 619 of 2008 | 20 Dec 2012 | |
D.A. ONYANCHA
High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
DANIEL KIRONUA v JOSHUA MUTENGI MULI
DANIEL KIRONUA v JOSHUA MUTENGI MULI [2012] eKLR
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TREADSETTERS TYRE LTD V COUNTRY MOTORS LTD [2012] EKLR | ||
| Civil Suit 157 of 2005 | 14 Dec 2012 | |
J.B. Havelock
High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
TREADSETTERS TYRE LTD v COUNTRY MOTORS LTD
TREADSETTERS TYRE LTD v COUNTRY MOTORS LTD [2012] eKLR
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MANJEET SINGH & ASSOCIATES V PIONEER HOLDINGS (AFRICA) LTD [2012] EKLR | ||
| Civil Case 341 of 2009 | 14 Dec 2012 | |
J.B. Havelock
High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
MANJEET SINGH & ASSOCIATES v PIONEER HOLDINGS (AFRICA) LTD
MANJEET SINGH & ASSOCIATES v PIONEER HOLDINGS (AFRICA) LTD [2012] eKLR
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COMMERCIAL BANK OF AFRICA V LALJI KARSAN RABADIA & 2 Others [2012] EKLR | ||
| Civil Case 109 of 2011 | 13 Dec 2012 | |
G V ODUNGA
High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
COMMERCIAL BANK OF AFRICA v LALJI KARSAN RABADIA & 2 others
COMMERCIAL BANK OF AFRICA v LALJI KARSAN RABADIA & 2 others [2012] eKLR
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PETER ABUGA OKAO V AIG INSURANCE [2012] EKLR | ||
| Civil Case 227 of 2006 | 13 Dec 2012 | |
J.B. Havelock
High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
PETER ABUGA OKAO v AIG INSURANCE
PETER ABUGA OKAO v AIG INSURANCE [2012] eKLR
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