ADVOKS GLOBAL · KENYA
The Court of Appeal Rules
96. Notice of grounds for affirming, varying or reversing decision
Edition: 2022-12-31 · In force
96. Notice of grounds for affirming, varying or reversing decision
(1)A respondent who desires to contend on an appeal that the decision of the superior court should be affirmed on grounds other than or additional to those relied upon by that court shall give notice to that effect, specifying the grounds of the respondent’s contention.(2)A notice under subrule (1) shall state the names and addresses of the persons intended to be served with copies of the notice and lodged in four copies in the appropriate registry not more than thirty days after service on the respondent of the memorandum of appeal and record of appeal, or not less than thirty days before the hearing of the appeal, whichever is the later.(3)A notice of grounds for affirming a decision shall be substantially in Form H as set out in the First Schedule and signed by or on behalf of the respondent.(4)A respondent who desires to contend at the hearing of the appeal that part of the decision of the superior court should be varied or reversed, and that part of that decision should be affirmed on grounds other than or additional to those relied upon by that court, may include both such contentions in a notice of cross-appeal under rule 93 and shall not be required to give notice also under this rule.(5)The provisions of sub-rules (1), (2) and (3) and rule 97 shall apply mutatis mutandis to an appellant who desires to contend, in opposition to a cross-appeal, that the decision of the superior court should be affirmed on grounds other than or additional to those relied on by that court.