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…Before the Court is the Notice of Motion dated 08th December 2025 in which Jemima John, the Respondent/Applicant seeks to strike out the appeal on the ground that the Memorandum of Appeal was filed outside the statutory period…

…It is not disputed that the judgment appealed from was delivered on 23rd October 2025 while the Memorandum of Appeal was filed on 26th November 2025, outside the prescribed statutory period. 4.…

…2025, supported by the Affidavit of James Bosire Obwori of even date seeking orders that the Memorandum of Appeal dated 24th November 2025 and filed on 26th November 2025 be struck out for having been filed outside the statutory…

…period and without leave of the Court. 2.…

…December 2025 by the Ebisiba Nyaboke Omwoyo, the Respondent/Applicant seeking orders that the Memorandum of Appeal dated 24th November 2025 and filed on 26th November 2025 be struck out for having been filed outside the statutory…

…period and without leave of the Court.…

…The Applicant contends that the appeal offends Section 79G of the Civil Procedure Act since judgment had been delivered on 09th October 2025 and the statutory period for filing the appeal had lapsed by the time the Memorandum…

…The appeal was therefore lodged 18 days beyond the statutory period of 30 days provided under section 79G of the Civil Procedure Act. 4.…

…It is not disputed that the judgment appealed from was delivered on 23rd October 2025 while the Memorandum of Appeal was filed on 26th November 2025 outside the prescribed statutory period.…

…It is not disputed that the judgment appealed from was delivered on 23rd October 2025 while the Memorandum of Appeal was filed on 26th November 2025 which is three days outside the prescribed statutory period. 4.…

…The Applicant depones that judgment was delivered on 23rd October 2025 and that the statutory period for filing the appeal lapsed on 23rd November 2025. 2.…

…There is no dispute that the appeal was filed outside the statutory period provided under Section 79G of the Civil Procedure Act. The delay, however, was only three days.…

…The objection was that the suit in question was filed 2 days after the expiry of the statutory period of 3 years for the filing of tortious claims.…

…It is therefore clear that the plaint was filed outside the statutory period of 3 years.…

…The court held that the statutory limitation period was mandatory and absolute, and could not be extended through procedural rules.…

…period under the Civil Procedure Rules - whether provisions of the Civil Procedure Rules on enlargement of time could override or be applied to extend a statutory limitation period set under the Law Reform Act - Law Reform…

…The trial court, in its ruling delivered on 5th March 2024, dismissed the review application on the basis that it was filed more than a year after judgment and thus outside the 30-day statutory period under Section 41 of…

…The Appellant maintained that the review application was filed on 20th February 2024, within the statutory 30-day period under Section 41 of the Small Claims Court Act.…

…That the ruling sought to be appealed against was delivered on 28 th November 2025 yet the Memorandum of Appeal was filed on 28 th January 2026 which is outside the 30 days statutory period prescribed under the law for filing…

…That the ruling sought to be appealed against was delivered on 28 th November 2025 and that by the time the appeal was filed on 28 th January 2026, the statutory period prescribed for lodging appeals had expired and no leave…

…He computed that the appeal was filed 71 days after the impugned judgment, well beyond the statutory period of 30 days. 5. The application is opposed.…

…In any event, the memorandum of appeal having been filed well beyond the statutory period of 30 days, without leave of court, is incompetent.…

…It is averred that a notice of appeal dated 14.12.23 was sent to the Court registry within the statutory period but did not receive response for payment until 16.1.24.…

…After sending the notice of appeal for assessment via email, the Respondent/Applicant did not follow up the same in spite of being aware that the statutory period was running.…

…Before the Court is the Respondent/Applicant’s application dated 08th December 2025 seeking to strike out the Memorandum of Appeal on the ground that the same was filed outside the statutory period provided under Section…

…The Appellant contended that, since the cause of action accrued on 3rd March 2018, the statutory period of three years prescribed under section 4(2) of the Limitation of Actions Act expired on 3rd March 2021.…

…The learned trial magistrate therefore erred in applying Order 50 rule 4 to exclude the Christmas vacation from the statutory limitation period.…

…The Applicant did not file an appeal within the statutory period but on 20th August 2025 filed an application before this Court seeking leave to appeal out of time and that the Memorandum of Appeal annexed thereto to be deemed…

…The Respondent’s case was that the Applicant does not deserve leave or stay as judgment was delivered on 22nd April 2025 which means that the statutory period for appeal expired on or about 22nd May 2025 yet the application…

…The Appellant concedes that the appeal was filed outside the statutory period provided under Section 79G of the Civil Procedure Act but contends that the delay was neither intentional nor inordinate, and was occasioned by…

…In the present matter, although the appeal was filed outside the statutory period, the delay is not shown to be inordinate.…

…The counterclaim was therefore instituted long after the expiry of the statutory period. 20. Further, Section 35 of the Limitation of Actions Act is explicit that a counterclaim is treated as a separate action.…

…limitation period of three years.…

…The statutory period for filing an appeal in this Court from a subordinate court is 30 days.…

…The memorandum of appeal was filed on 22.1.24, which is 2 days after the expiry of the statutory period.…