APPEAL AND

REVIEW
An appeal is a judicial
examination by the higher court
of the decision of a lower court.
An appeal from a subordinate
court to the High Court shall be
filed within 30 days from the
date of the decree or order
appealed against, excluding
from such period any time
which the
lower court may certify as
having been requisite for the
preparation and delivery to the
appellant of a copy of the
decree or order. An appeal may
be admitted out of time if the
appellant satisfies the court that
he had good and sufficient
cause for not filing the appeal
in
time.
Under Kenyan law, there is no
automatic right of appeal. The
right of appeal only arises
where
it is expressly allowed by a
statute or by some other
authority. Every decree can be
appealed
from but not every order can be
appealed from.
Order 43 Rule 1 of the Civil
Procedure Rules together with
Section 75 of the Civil
Procedure
Act provide a list of orders that
can be appealed from
automatically. For any other
order
made by a court, the aggrieved
party has to seek leave from the
court before appealing. An
application for leave to Appeal
should be made to the court
which made the order that is
being sought to be appealed
against. It should be made by
Chamber Summons or orally in
court at the time of making the
order.
Such an appeal can only be
filed by: -
1. Any party to the suit who is
adversely affected by the
decree
2. The legal representative of
an adversely affected party to a
suit, where such party has
died
3. Any transferee of the
interest of an adversely affected
party who is bound to the
decree
4. Any auction-purchaser may
appeal from an order in
execution setting aside the sale
on
the ground of fraud
Under Section 65 of the Civil
Procedure Act, an appeal can be
filed from any decree issued by
any subordinate court. An
appeal from a subordinate court
is filed at the high court. Such
an
appeal can be made on
questions of both law and fact.
A plaintiff who is successful on
all his claims does not have a
right of appeal. However, when
a plaintiff is successful but is
awarded a lesser amount than
the amount her was seeking for
in his plaint, then he can appeal
for the balance between the
claim and the award.
Under Section 75 of the Civil
Procedure Act, an appeal to the
High Court can be filed from
the
following orders if issued by
any subordinate court: -
1. Order superseding an
arbitration where the award has
not been completed within the
period allowed by the court
2. Order on an award stated in
the form of a special case
3. Order modifying or
correcting an award
4. Order staying or refusing to
stay a suit where there is an
agreement to refer to arbitration
5. Order filing or refusing to
file an award in an arbitration
without the intervention of
APPEAL
An appeal is a judicial
examination by the higher court
of the decision of a lower court.
An appeal from a subordinate
court to the High Court shall be
filed within 30 days from the
date of the decree or order
appealed against, excluding
from such period any time
which the
lower court may certify as
having been requisite for the
preparation and delivery to the
appellant of a copy of the
decree or order. An appeal may
be admitted out of time if the
appellant satisfies the court that
he had good and sufficient
cause for not filing the appeal
in
time.
Under Kenyan law, there is no
automatic right of appeal. The
right of appeal only arises
where
it is expressly allowed by a
statute or by some other
authority. Every decree can be
appealed
from but not every order can be
appealed from.
Order 43 Rule 1 of the Civil
Procedure Rules together with
Section 75 of the Civil
Procedure
Act provide a list of orders that
can be appealed from
automatically. For any other
order
made by a court, the aggrieved
party has to seek leave from the
court before appealing. An
application for leave to Appeal
should be made to the court
which made the order that is
being sought to be appealed
against. It should be made by
Chamber Summons or orally in
court at the time of making the
order.
Such an appeal can only be
filed by: -
1. Any party to the suit who is
adversely affected by the
decree
2. The legal representative of
an adversely affected party to a
suit, where such party has
died
3. Any transferee of the
interest of an adversely affected
party who is bound to the
decree
4. Any auction-purchaser may
appeal from an order in
execution setting aside the sale
on
the ground of fraud
Under Section 65 of the Civil
Procedure Act, an appeal can be
filed from any decree issued by
any subordinate court. An
appeal from a subordinate court
is filed at the high court. Such
an
appeal can be made on
questions of both law and fact.
A plaintiff who is successful on
all his claims does not have a
right of appeal. However, when
a plaintiff is successful but is
awarded a lesser amount than
the amount her was seeking for
in his plaint, then he can appeal
for the balance between the
claim and the award.
Under Section 75 of the Civil
Procedure Act, an appeal to the
High Court can be filed from
the
following orders if issued by
any subordinate court: -
1. Order superseding an
arbitration where the award has
not been completed within the
period allowed by the court
2. Order on an award stated in
the form of a special case
3. Order modifying or
correcting an award
4. Order staying or refusing to
stay a suit where there is an
agreement to refer to arbitration
5. Order filing or refusing to
file an award in an arbitration
without the intervention of the
APPEAL AND REVIEW An appeal is a judicial examination by the higher court of the decision of a
lower court. An appeal from a subordinate court to the High Court shall be filed within 30 days from the
date of the decree or order appealed against, excluding from such period any time which the lower court
may certify as having been requisite for the preparation and delivery to the appellant of a copy of the
decree or order. An appeal may be admitted out of time if the appellant satisfies the court that he had good
and sufficient cause for not filing the appeal in time. Under Kenyan law, there is no automatic right of
appeal. The right of appeal only arises where it is expressly allowed by a statute or by some other
authority. Every decree can be appealed from but not every order can be appealed from. Order 43 Rule 1
of the Civil Procedure Rules together with Section 75 of the Civil Procedure Act provide a list of orders
that can be appealed from automatically. For any other order made by a court, the aggrieved party has to
seek leave from the court before appealing. An application for leave to Appeal should be made to the
court which made the order that is being sought to be appealed against. It should be made by Chamber
Summons or orally in court at the time of making the order. Such an appeal can only be filed by: - 1. Any
party to the suit who is adversely affected by the decree 2. The legal representative of an adversely
affected party to a suit, where such party has died 3. Any transferee of the interest of an adversely
affected party who is bound to the decree 4. Any auction-purchaser may appeal from an order in
execution setting aside the sale on the ground of fraud Under Section 65 of the Civil Procedure Act, an
appeal can be filed from any decree issued by any subordinate court. An appeal from a subordinate court
is filed at the high court. Such an appeal can be made on questions of both law and fact. A plaintiff who
is successful on all his claims does not have a right of appeal. However, when a plaintiff is successful but
is awarded a lesser amount than the amount her was seeking for in his plaint, then he can appeal for the
balance between the claim and the award. Under Section 75 of the Civil Procedure Act, an appeal to the
High Court can be filed from the following orders if issued by any subordinate court: - 1. Order
superseding an arbitration where the award has not been completed within the period allowed by the court
2. Order on an award stated in the form of a special case 3. Order modifying or correcting an award 4.
Order staying or refusing to stay a suit where there is an agreement to refer to arbitration 5. Order filing or

refusing to file an award in an arbitration without the intervention of the court

APPEAL AND REVIEW An appeal is a judicial examination by the higher court of the decision of a
lower court. An appeal from a subordinate court to the High Court shall be filed within 30 days from the
date of the decree or order appealed against, excluding from such period any time which the lower court
may certify as having been requisite for the preparation and delivery to the appellant of a copy of the
decree or order. An appeal may be admitted out of time if the appellant satisfies the court that he had good
and sufficient cause for not filing the appeal in time. Under Kenyan law, there is no automatic right of
appeal. The right of appeal only arises where it is expressly allowed by a statute or by some other
authority. Every decree can be appealed from but not every order can be appealed from. Order 43 Rule 1
of the Civil Procedure Rules together with Section 75 of the Civil Procedure Act provide a list of orders
that can be appealed from automatically. For any other order made by a court, the aggrieved party has to
seek leave from the court before appealing. An application for leave to Appeal should be made to the
court which made the order that is being sought to be appealed against. It should be made by Chamber
Summons or orally in court at the time of making the order. Such an appeal can only be filed by: - 1. Any
party to the suit who is adversely affected by the decree 2. The legal representative of an adversely
affected party to a suit, where such party has died 3. Any transferee of the interest of an adversely
affected party who is bound to the decree 4. Any auction-purchaser may appeal from an order in
execution setting aside the sale on the ground of fraud Under Section 65 of the Civil Procedure Act, an
appeal can be filed from any decree issued by any subordinate court. An appeal from a subordinate court
is filed at the high court. Such an appeal can be made on questions of both law and fact. A plaintiff who
is successful on all his claims does not have a right of appeal. However, when a plaintiff is successful but
is awarded a lesser amount than the amount her was seeking for in his plaint, then he can appeal for the
balance between the claim and the award. Under Section 75 of the Civil Procedure Act, an appeal to the
High Court can be filed from the following orders if issued by any subordinate court: - 1. Order
superseding an arbitration where the award has not been completed within the period allowed by the court
2. Order on an award stated in the form of a special case 3. Order modifying or correcting an award 4.
Order staying or refusing to stay a suit where there is an agreement to refer to arbitration 5. Order filing or
refusing to file an award in an arbitration without the intervention of APPEAL AND REVIEW An appeal
is a judicial examination by the higher court of the decision of a lower court. An appeal from a
subordinate court to the High Court shall be filed within 30 days from the date of the decree or order
appealed against, excluding from such period any time which the lower court may certify as having been
requisite for the preparation and delivery to the appellant of a copy of the decree or order. An appeal may
be admitted out of time if the appellant satisfies the court that he had good and sufficient cause for not
filing the appeal in time. Under Kenyan law, there is no automatic right of appeal. The right of appeal
only arises where it is expressly allowed by a statute or by some other authority. Every decree can be
appealed from but not every order can be appealed from. Order 43 Rule 1 of the Civil Procedure Rules
together with Section 75 of the Civil Procedure Act provide a list of orders that can be appealed from
automatically. For any other order made by a court, the aggrieved party has to seek leave from the court
before appealing. An application for leave to Appeal should be made to the court which made the order
that is being sought to be appealed against. It should be made by Chamber Summons or orally in court at
the time of making the order. Such an appeal can only be filed by: - 1. Any party to the suit who is
adversely affected by the decree 2. The legal representative of an adversely affected party to a suit, where
such party has died 3. Any transferee of the interest of an adversely affected party who is bound to the
decree 4. Any auction-purchaser may appeal from an order in execution setting aside the sale on the
ground of fraud Under Section 65 of the Civil Procedure Act, an appeal can be filed from any decree
issued by any subordinate court. An appeal from a subordinate court is filed at the high court. Such an
appeal can be made on questions of both law and fact. A plaintiff who is successful on all his claims does
not have a right of appeal. However, when a plaintiff is successful but is awarded a lesser amount than the
amount her was seeking for in his plaint, then he can appeal for the balance between the claim and the
award. Under Section 75 of the Civil Procedure Act, an appeal to the High Court can be filed from the
following orders if issued by any subordinate court: - 1. Order superseding an arbitration where the award
has not been completed within the period allowed by the court 2. Order on an award stated in the form of
a special case 3. Order modifying or correcting an award 4. Order staying or refusing to stay a suit where
there is an agreement to refer to arbitration 5. Order filing or refusing to file an award in an arbitration
without the interventio APPEAL AND REVIEW An appeal is a judicial examination by the higher court
of the decision of a lower court. An appeal from a subordinate court to the High Court shall be filed
within 30 days from the date of the decree or order appealed against, excluding from such period any time
which the lower court may certify as having been requisite for the preparation and delivery to the
appellant of a copy of the decree or order. An appeal may be admitted out of time if the appellant satisfies
the court that he had good and sufficient cause for not filing the appeal in time. Under Kenyan law, there
is no automatic right of appeal. The right of appeal only arises where it is expressly allowed by a statute
or by some other authority. Every decree can be appealed from but not every order can be appealed from.
Order 43 Rule 1 of the Civil Procedure Rules together with Section 75 of the Civil Procedure Act provide
a list of orders that can be appealed from automatically. For any other order made by a court, the
aggrieved party has to seek leave from the court before appealing. An application for leave to Appeal
should be made to the court which made the order that is being sought to be appealed against. It should
be made by Chamber Summons or orally in court at the time of making the order. Such an appeal can
only be filed by: - 1. Any party to the suit who is adversely affected by the decree 2. The legal
representative of an adversely affected party to a suit, where such party has died 3. Any transferee of the
interest of an adversely affected party who is bound to the decree 4. Any auction-purchaser may appeal
from an order in execution setting aside the sale on the ground of fraud Under Section 65 of the Civil
Procedure Act, an appeal can be filed from any decree issued by any subordinate court. An appeal from a
subordinate court is filed at the high court. Such an appeal can be made on questions of both law and fact.
A plaintiff who is successful on all his claims does not have a right of appeal. However, when a plaintiff is
successful but is awarded a lesser amount than the amount her was seeking for in his plaint, then he can
appeal for the balance between the claim and the award. Under Section 75 of the Civil Procedure Act, an
appeal to the High Court can be filed from the following orders if issued by any subordinate court: - 1.
Order superseding an arbitration where the award has not been completed within the period allowed by
the court 2. Order on an award stated in the form of a special case 3. Order modifying or correcting an
award 4. Order staying or refusing to stay a suit where there is an agreement to refer to arbitration 5.
Order filing or refusing to file an award in an arbitration without the intervention of the courtn of the
court the court