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…The Appellant filed a Notice of Motion seeking, inter alia, a stay of execution pending the hearing and determination of the intended appeal, and leave to file the appeal out of time. 2.…

…Whether leave to appeal out of time should be granted;iv. Appropriate orders in the circumstances. Determination (a) Preliminary Objection 4.…

…Whether the Applicant has met the prerequisites for the grant of leave to appeal out of time. b.…

…Subject to (a) above, whether the court should exercise its discretion to grant the Applicant leave to file its appeal out of time. Subject to (a) and (b) above c.…

…E128 of 2021 be granted pending the hearing and determination of this application; d) The court be pleased to grant leave to appeal out of time against the judgement made by the Hon.L.…

…Counsel submitted two issues for determination: whether the appellant met the threshold for grant of leave to appeal out of time and who bears the costs. 7.…

…(g) That the Appellant had obtained leave to appeal out of time. The procedural irregularities are excused in the interest of substantive justice.…

…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.…

…The first one is the Chamber Summons Application, dated 9th January 2023, which is brought under Section 79G of the Civil Procedure Act, wherein the Appellant/Applicant has sought for leave to appeal out of time, against…

…THE APPELLANT/APPLICANT’S SUBMISSIONS The Appellant/Applicant filed his written submissions dated 18th July 2024, through the Law Firm of WANJIRU MWANGI ADVOCATES, and submitted on the issue of leave to appeal out of time…

…The appellant seeks leave to appeal out of time from the ruling delivered in Kitui CMCC E334/2022 Grace Mbuve Kaluku T/A Gruveka Investments –v- Joseph Munywoki Maluu on 11/6/2025. 2.…

…Leave to appeal out of time as I have stated is a matter of the exercise of court’s discretion. 18. Article 159 (2) (d) of the Constitution stipulates that justice should be done without undue regard to technicalities.…

…On whether the applicant has met conditions for grant of leave to appeal out of time.…

…However the applicant filed the current application for leave to file the appeal out of time on 13.12.24 This is 2 months out of the time limited for filing an appeal.…

…Sogomo PM, delivered on 28th August, 2023, having been granted leave to appeal out of time in Mombasa HCC Misc. No. E257 of 2023 vide the ruling dated 13th February, 2024.…

…On 27th March, 2024, the Appellant filed the Memorandum of Appeal dated 19th September, 2023, which was 43 days after the leave to appeal out of time was granted. 2.…

…Prayer 4 seeks two distinct orders; Leave to appeal out of time against the judgment delivered on 26 th May, 2025 and that the filed Memorandum of Appeal be deemed as duly filed and served. 6.…

…Prayer 4 seeks leave to appeal out of time against the judgment of 26 th May, 2025 and seeks that the filed Memorandum of Appeal be deemed as duly filed. 14.…

…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…

…to appeal out of time was not filed until 20th August 2025. 16.…

…Before this court for determination is a Notice of Motion application dated 14th January 2026, where the Applicant seeks an order to be granted leave to appeal out of time and an order of stay of execution of the judgment…

…In her submission dated 5th January 2026, the Applicant prays that this court exercises its discretion to grant her leave to file the appeal out of time.…

…(C) THAT the Honourable court be pleased to grant the Applicants leave to appeal out of time against the judgment delivered on 9th March 2023 by Honourable Moses Oyoko Obiero (SPM) in Kehancha Senior Magistrate’s court, ELC…

…to appeal out of time, should be granted.…

…Further that the Respondent never sought leave to file appeal out of time. 14.…

…Whether the Applicant should be granted leave to appeal out of time. b. What orders should this court issue. Whether the Applicant should be granted leave to appeal out of time 21.…

…The key issue for determination is whether the applicant has met conditions for grant of leave to appeal out of time. 9.…

…The Supreme Court in the case of Nicholas Kiptoo Korir arap Salat v IEBC and 7 Others [2014] eKLR outlined the guiding principles for extension of time, the principles applicable when considering an application for leave…

…The Appellant/Applicant seeks for leave to appeal out of time against the ruling of Hon. Gatambia Ndung’u (RM) delivered on 22nd February 2024 in Small Claims No.…

…The Appellant/Applicants in their submissions dated 13th November 2024 on whether they should be granted leave to appeal out of time argued that the jurisdiction of this court to grant leave to lodge an appeal out of time…

…THAT the Honourable court be pleased to grant the Applicant leave to lodge an appeal out of time against the judgment of Hon. R. Yator, Principal Magistrate on 5th November, 2020. 3.…

…THAT upon grant of leave to appeal out of time, the Memorandum of Appeal lodged herein be deemed as duly filed. 4. THAT the costs of and incidental to this application be costs in the intended appeal.…

…The subject matter of this ruling is the motion of 8 th August, 2025 whereof the Appellant/Applicant sought for leave to Appeal out of time against the Judgment/decree of Hon.…

…The applicants filed their application dated 3rd April 2025, seeking leave to file appeal out of time against the judgement delivered on 13th August 2024 by Hon. Mulochi in Kabarnet CMCC No. E017 of 2023.…

…Aggrieved by the sale, the Applicants filed the instant application dated 3rd April 2025 seeking stay of execution and leave to file an appeal out of time. 8.…

…4 th July 2024) The Respondent filed a Notice of Motion dated 6th August 2024 seeking a stay of execution of this Court’s judgment delivered on 4th July 2024, pending the hearing and determination of an application for leave…

…to appeal out of time and the intended appeal before the Court of Appeal.…