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…OF THE COURT This is a reference from the ruling of a learned single judge of this Court delivered on 25th September, 2001, whereby, in exercise of his powers under rule 4 of our rules, he refused to grant the applicant extension…

…of time within which to file a notice of appeal in an intended appeal by the applicant.…

………………………………RESPONDENT (Application for extension of time to file an intended appeal from the Judgment and decree of the High Court of Kenya at Kakamega (Gicheru, J) dated December 24, 1982 In Civil Appeal 14 of 1981) ____…

…That the powers of the High Court to grant a stay ended when the trial court declined to grant an extension of time. That the appellant should have filed an appeal against that decision.…

…In the present case, the trial court having heard the application for extension of time and dismissed it, the appellant had one option to appeal against the same.…

…RESPONDENT (Being an application for extension of time to file an appeal from the judgment of the High Court of Kenya at Nairobi (Mr Justice Nyarangi) dated 18th October, 1979, in H.C.C.C.…

…At any rate that notice was not a valid one, having been filed out of time without any order for extension of time.…

…Whether the Applicant has satisfied the legal threshold for extension of time to file the appeal out of time; and b.…

…APPLICABLE LEGAL PRINCIPLES (a) Extension of Time 12. The principles governing extension of time are now well settled.…

…The submissions turn on whether the appellant applied for enlargement or extension of time to file the suit; what the relevant statute provides on the subject of extension of time to file suit, where a suit has already been…

…On whether the Motion, dated 15th December 2023, sought extension of time to file suit out of time, I have perused that application.…

…The application for extension of time is a prayer for equitable relief by the court. No party has an automatic right to an order for extension of time. In Nicholas Kiptoo Korir Arap Salet Vs.…

…A party who seeks extension of time has the burden of laying basis to the satisfaction of the court. iii.…

…In the Originating summons for the extension of time the appellant stated to have filed the statement of claim on 16 th December 2018.…

…of time was filed.…

…The first prayer is for extension of time to file the appeal herein lodged by way of the memorandum of appeal dated 17/1/2024.…

…The Supreme Court explained further in the case of Nicholas Kiptoo Arap Korir Salat v IEBC (2014) eKLR Sup Ct Application No 16 of 2014 that: “…extension of time is not a right of a party; a party who seeks extension of time…

…Miscellaneous Civil Case No. 35 of 1983) applied for extension of time to file the application for such leave. That application was heard ex-parte by Platt J. (as he then was) and was granted.…

…There is no provision for extension of time to apply for such leave in the Limitations of Actions Act (Cap 22, Laws of Kenya) which gives some limited right for extension of time to file suits after expiry of a Limitation…

…These were; the reference brought by way of Chamber Summons dated 29th May 2023 and the subsequent application for extension of time that was brought by way of Originating Summons dated 24th July 2024.…

…Since the Applicant’s application for extension of time brought by way of Originating Summons dated 24th July 2024 was filed through the Case Tracking System (CTS) and there was no hard copy in the file and the directions…

…The Respondent further submitted that the trial court was correct in dismissing the application for an extension of time and upholding the Preliminary Objection based on the principles governing the extension of time.…

…(Nick Salat Case) in addressing the issue of extension of time, held as follows: “ By filing an appeal out of time before seeking extension of time, and subsequently seeking the Court to extend time and recognize such ‘an…

…of time within which to do so...…

…for abatement and revival of suits had already provided for extension of time. 67.…

…Extension of time was not a right of a party. It was an equitable remedy that was only available to a deserving party at the discretion of the court; 2.…

…A party who sought extension of time had the burden of laying a basis for it to the satisfaction of the court; 3.…

…At paragraph 85 the court stated, “we derive the following as the under-lying principles that a court should consider in exercise of such discretion: Extension of time is not a right of a party.…

…Extension of time is discretionary, and the entire period of the delay ought to be stated and explained to the satisfaction of the Court.…

…of time is not a right of a party.…

…A party who seeks extension of time must explain the delay to the satisfaction of the Court." 9. The case of George Kagwima Kariuki & 2 Others v George M.…

…In an application for an extension of time, each case must be considered based on its own unique facts and circumstances.…

…The court outlined the principles to guide the extension of time as follows: “This being the first case in which this Court is called upon to consider the principles for extension of time, we derive the following as the under-lying…

…NO. 2770 OF 1981) ***************** RULING: In this application, the applicant has sought extension of time within which to lodge his intended appeal to this Court.…

…His present application does not seek extension of time within which to lodge the notice of appeal.…

…The Respondents submitted that the Applicant sought extension of time to file a reference, a whole year after filing the reference.…

…The Respondents submitted that the Applicant abused the court’s process by filling a reference out of time without seeking extension of time to do so.…