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…of leave.…

…This will require the court to go beyond the pleadings and into the materials or evidence that supported the grant of leave application.…

…The prayer is allowed on condition that the intended appeal shall be filed and served within the next 7 days in default of which the leave granted shall automatically lapse.…

…The appeal was filed on 1 st August 2024, more than 3 months after leave was granted on 29 th April 2024.The Memorandum of Appeal is dated 25 th July 2022, which predates the leave granted.…

…The Record of Appeal does not contain the order granting leave to appeal out of time. The Record of Appeal does not contain the plaint or defences.…

…It is the appellant’s case that since no consent was filed from the previous advocate, nor was leave granted to come on record to represent the respondent, as is required by Order 9, Rule 9 of the Civil Procedure Rules, then…

…The Appellant's advocates did not seek leave from the trial court before filing the appeal and the leave granted by this court cannot apply retrospectively. d) THAT when the matter came up for hearing on 13.05.2025, the Honourable…

…Order 51 Rule 1 the Civil Procedure Rules THAT the Honourable Court therefore dismissed the Preliminary Objection on an erroneous premise, which amounts to an error apparent on the face of the record. g) THAT the court only granted…

…The Appellant did raise a valid challenge to this leave that was granted exparte. The Trial Court was bound to relook and inquire as to the grounds upon which the leave was granted exparte.…

…Suffice to state that the grant of leave exparte was challenged even in the Statement of Defence. This was not a case of a Defendant rising after the fact or a case or an afterthought.…

…That the Applicant pursuant to leave granted on 2nd September, 2025 has lodged an appeal against the afore-stated judgment, to wit, MIGORI HIGH COURT CIVIL APPEAL NO.…

…That the Applicant pursuant to leave granted on 2nd September, 2025 has lodged an appeal against the afore-stated judgment, to wit, MIGORI HIGH COURT CIVIL APPEAL NO.…

…Kiragu: I need leave to appeal Court: Leave granted. A. MSAGHA MBOGHOLI JUDGE…

…The court granted leave as prayed and directed the same to operate as stay for 21 days within which the substantive motion should have been filed by the ex-parte applicant. 7.…

…leave to be joined to the proceedings as such, the court being satisfied that they were affected by the court’s orders granted on 11/11/2024 for leave granted to the applicant to operate as stay of the GN under consideration…

…(as he then was) the learned judge declined to grant the leave as the application was filed out of time.…

…However in this particular case the Superior Court (Okubasu J.) proceeded to grant leave de novo some twelve years after the event, that is on the 28th day of October, 1994.…

…If he granted leave, it might embarrass the: Judge at the trial.…

…Now to our main concern, on whether the Appellant challenged the leave that was granted.…

…If he granted leave, it might embarrass the: Judge at the trial.…

…Now to our main concern, on whether the Appellant challenged the leave that was granted.…

…Time within which leave granted was operational lapsed on 2 nd July, 2024. The file was subsequently transferred to Nyahururu on 30 th October, 2024, and the application for reinstatement was made on 3 rd March, 2025.…

…That, the court had no jurisdiction to subsequently grant leave one year after the suit had been filed without leave.…

…That, the leave granted on 10 th March 2015,was contrary to the provisions of Section 4[2] of the Law of Limitations Act.…

…In the Response to the Claim, the Appellant herein challenged the leave granted to file the suit out of time as follows: “Without prejudice to the foregoing, the Defendant avers that this suit is time barred and orders that…

…leave to file suit out of time.…

…With regard to the legality of the execution, it was submitted that the leave granted by this court encompassed all phases from trial, judgment to enforcement.…

…The leave granted by this court in 2019 was therefore sufficient. There was no need to seek additional leave for purposes of execution as the requisite leave had already been granted by court.…

…It must be remembered that, even when the Judge grants leave, there is nothing final about it. It is merely provisional.…

…Once the evidence satisfied the statute, the Judge must grant leave. But it must be remembered that it is ex parte.…

…The Appellant averred that pursuant to leave granted by this court on 16 th December 2025, in Marsabit HCC Misc Civil Application No E006 of 2025 , she filed this appeal and strongly urged the court to note that the Kadhi…