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…It was submitted that judgment was delivered on 14/12/2023 and Memorandum of Appeal was filed on 17/07/2024 without leave of court as per section 79G of the Civil Procedure Act (CPA).…

…The appellant filed the memorandum of appeal outside the 30 days allowed by section 79G without the leave of the court.…

…79G of the Civil Procedure Act.…

…However, where time is prescribed by statute - as is the case under Section 79G of the Civil Procedure Act - the enlargement contemplated is that provided under the proviso to Section 79G itself, upon an application demonstrating…

…He urged the court to strike out the appeal as incompetent and bad in law, having been filed outside the statutory timelines prescribed under section 79G of the Civil Procedure Act.…

…The appellant admitted that the memorandum of appeal was indeed filed on 13th November 2024, outside the prescribed timelines as set out under section 79G of the Civil Procedure Act.…

…The gravamen of their objection being that the appeal was filed outside the period prescribed by Section 79G of the Civil Procedure Act; that it was filed out of time without leave and is therefore bad in law, void abinitio…

…As noted from Section 79G of the Civil Procedure Act the thirty days prescribed for filing the appeal is from the date of the decree or order appealed against. It is trite that a judgment and a decree are distinct.…

…To begin with Section 79G of the Civil Procedure Act states:- 79G.…

…79G of Act 21.…

…The Respondent contends that the appeal is incompetent for having been filed outside the thirty-day period prescribed under section 79G of the Civil Procedure Act.…

…However, section 79G itself preserves the court’s discretion to admit an appeal out of time where sufficient cause is shown.…

…The provision of law that governs the filing of appeals from the subordinate courts to the High Court is Section 79G of the Civil Procedure Act. Let us read he said provision: 79G.…

…I will add that, although not specifically provided under Section 79G of the Civil Procedure Act, the time that is certified as having been taken for the copy of the judgement to be available to the parties should also be…

…Counsel relied on Article 50, Article 159(2)(d) of the Constitution, Section 79G of the Civil Procedure Act and Order 50 Rule 6 of the Civil Procedure Rules and submitted that the applicant must satisfy the court that she…

…Counsel submitted on one issue, namely, whether the applicant has demonstrated sufficient cause to warrant the exercise of this honourable court’s discretion under section 79G of the Civil Procedure Act. 11.…

…The Respondent filed a Notice of Motion application dated 1st July 2025 under Section 79G of the Civil Procedure Act, Order 42 Rule 1 and Order 42 Rule 32 of the Civil Procedure Rules. 2.…

…The Appellant also filed a Notice of Motion application dated 16th October 2025 pursuant to Section 79G and 95 of the Civil Procedure Act and Order 50 Rule 6 of the Civil Procedure Rules.…

…Whether Section 79G of the Civil procedure Act is applicable to succession matters. ii. Whether there was unreasonable delay in filing the appeal . iii. Whether the delay is excusable . Analysis and Determination 14.…

…Section 79G of the Civil Procedure Act, which prescribes thirty days for filing a civil appeal, is therefore not applicable in this succession appeal. 18.…

…Whether Section 79G of the Civil procedure Act is applicable to succession matters. ii. Whether there was unreasonable delay in filing the appeal . iii. Whether the delay is excusable . Analysis and Determination 14.…

…Section 79G of the Civil Procedure Act, which prescribes thirty days for filing a civil appeal, is therefore not applicable in this succession appeal. 18.…

…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.…

…The Applicant contends that judgment in Nyamira CMCC No. 93 of 2018 was delivered on 23rd October 2025 and that the appeal herein was filed three (3) days outside the period prescribed under Section 79G of the Civil Procedure…

…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…

…They referred to Section 79G of the Civil procedure Act and Order 50 Rule 4 of the Civil procedure Rules, submitting that that it is not in dispute that the judgment appealed from was delivered on 28th November 2024 while…

…They submitted that the Appellant neither filed an application for extension of time nor offered any explanation for the delay, thereby contravening Section 79G of the Civil Procedure Act. 5.…

…They referred to Section 79G of the Civil procedure Act and Order 50 Rule 4 of the Civil procedure Rules, submitting that that it is not in dispute that the judgment appealed from was delivered on 28th November 2024 while…

…They submitted that the Appellant neither filed an application for extension of time nor offered any explanation for the delay, thereby contravening Section 79G of the Civil Procedure Act. 5.…

…79G of the Civil Procedure Act. d) No leave was sought or obtained to file the appeal out of time. e) The Court lacks jurisdiction to entertain the appeal. 5.…

…Section 79G of the Civil Procedure Act provides that every appeal from a subordinate court to the High Court shall be filed within thirty days from the date of the decree or order appealed against. 16.…

…This is stipulated in Section 79G of the Civil Procedure Act which provides: Every appeal from a subordinate court to the High Court shall be filed within a period of thirty days from the date of the decree or order appealed…

…The proviso to Section 79G of the Act allows a party who gets caught up and is unable to file an appeal within the stipulated period, to seek extension of time.…

…It is averred that the impugned judgement was delivered on 23rd February 2021, and the appeal was filed 29 months later, on 27th July 2023, contrary to section 79G of the Civil Procedure Act, Cap 21, Laws of Kenya. 3.…

…The respondent cites section 79G of the Civil Procedure Act and Josephine Wambui Mwangi vs.…

…Before the Court is the Notice of Motion dated 08th December 2025 by the Respondent/Applicant seeking to strike out the appeal on the ground that it was filed outside the period provided under Section 79G of the Civil Procedure…

…There is no dispute that the judgment appealed against was delivered on 23rd October 2025 in Nyamira MCCC 92 of 2018 and that the appeal was filed 3 days outside the thirty days stipulated under Section 79G of the Civil Procedure…