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…The trial court had before it an application for extension or enlargement of time to file suit. There was jurisdiction, therefore, for the trial court to consider grant of that prayer. 9.…

…On the second issue, on what the relevant statute says, on enlargement or extension of time to file suit, in particular, where a suit is filed first and extension is applied for thereafter.…

…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. Held 1.…

…The prohibition was statutory and absolute and was not therefore challengeable under procedural provisions of the Civil Procedure Rules, more specically Order 49 rule 5 which made provision for the enlargement of time.…

…As regards the prayer for enlargement of time, this court is bound by the case of Nicholas Kiptoo Arap Korir Salat Vs IEBC & 7 Others (2014) eKLR where the Supreme court set out the principles for enlargement of time as follows…

…I thus have to consider whether the respondent will be prejudiced by orders of enlargement of time and stay of execution. The Respondent can be assuaged by an award of costs and the deposit of security.…

…The issues that emerge for determination are as follows:- a) Whether this court is functus officio; b) If not, whether the ‘Appellant’ deserves orders for enlargement of time; c) Whether enlargement of time will be prejudicial…

…this court is functus officio, I would state that save for this current application, the Appellant had previously not approached this court for similar orders and indeed this court had not made any finding on the issue of…

…The Appellants seek the reversal of that ruling and the enlargement of time within which to pay throw-away costs of Kshs. 50,000, failure of which the judgment of 6th December 2017 be reverted. 8.…

…I note that the application of 8 th December 2022 was not seeking to relitigate the setting aside but rather, it sought enlargement of time, a distinct issue that had not been heard and determined.…

…Furthermore, the matter involves the exercise of judicial discretion regarding the enlargement of time and stay of execution. 6.…

…MENTION BEFORE THE DEPUTY REGISTRAR ON 9.6.2026 Conclusion This matter is best determined on its merits rather than on technical objections, particularly in light of the pending application for enlargement of time and the…

…out of time and whether the Appellant’s application is incompetent in law for seeking enlargement of time and stay of execution within the same motion. 7.…

…In conclusion, this Honourable Court clearly has jurisdiction to entertain the Appellant's application for enlargement of time.…

…The Applicant filed a supplementary affidavit sworn on 4 th December 2025 wherein she averred inter alia; that one of the grounds seeking for enlargement of time was due to financial and economic constraints to which the…

…That the prayers that the Appellant seems to only seek for enlargement of time to comply with the order on depositing a decretal sum.…

…The Applicant filed a supplementary affidavit sworn on 4 th December 2025 wherein she averred inter alia; that one of the grounds seeking for enlargement of time was due to financial and economic constraints to which the…

…That the prayers that the Appellant seems to only seek for enlargement of time to comply with the order on depositing a decretal sum.…

…The Applicant filed a supplementary affidavit sworn on 4 th December 2025 wherein she averred inter alia; that one of the grounds seeking for enlargement of time was due to financial and economic constraints to which the…

…That the prayers that the Appellant seems to only seek for enlargement of time to comply with the order on depositing a decretal sum.…

…The Appellant did not apply for enlargement of time after the deadline expired. The Appellant did not pray for the court to exercise its discretion.…

…of time after the deadline expired. · The Appellant did not pray for the court to exercise its discretion. 18.…

…The Applicant filed a supplementary affidavit sworn on 4 th December 2025 wherein she averred inter alia; that one of the grounds seeking for enlargement of time was due to financial and economic constraints to which the…

…That the prayers that the Appellant seems to only seek for enlargement of time to comply with the order on depositing a decretal sum.…

…The Applicant filed a supplementary affidavit sworn on 4 th December 2025 wherein she averred inter alia; that one of the grounds seeking for enlargement of time was due to financial and economic constraints to which the…

…That the prayers that the Appellant seems to only seek for enlargement of time to comply with the order on depositing a decretal sum.…

…The Applicant filed a supplementary affidavit sworn on 4 th December 2025 wherein she averred inter alia; that one of the grounds seeking for enlargement of time was due to financial and economic constraints to which the…

…That the prayers that the Appellant seems to only seek for enlargement of time to comply with the order on depositing a decretal sum.…

…Thereafter the Court upon being satisfied with a reasonable explanation being given may exercise its discretion and allow the enlargement of time within which to file the appeal and even deem it as filed.…

…of time is therefore not a mere technicality but a substantive one as it tests the foundation of the instant appeal and such failure is only curable by the Court being moved appropriately and the leave for enlargement of…

…In the substantive motion, the Applicant craves for enlargement of time to lodge an appeal and for orders of stay of execution of the judgment delivered on 27.7.2026 in Milimani CMCC/E042/2021 pending appeal. 3.…

…Consequently, the Appellant filed a Notice of Motion dated 11th October 2018 in High Court Miscellaneous Application No. 339 of 2018, seeking enlargement of time to lodge the appeal.…

…It was only after the dismissal of that application that he sought enlargement of time.…

…The Appellants urged the Court to note that the Respondents' application for revival contained no prayer seeking enlargement of time. 21.…

…of time and revival of suits under the said Rule. 68.…

…order of the magistrate’s court delivered on the 18 th March 2024 in civil suit 91 of 2011 and all consequential orders in favor of the first respondent pending the hearing and determination of the appeal, That there be an enlargement…

…of time and the memorandum of appeal dated 25 th March 2024 be deemed to be properly filed The grounds for the application are on the face of the application mainly that the applicant is aggrieved by the ruling of the 18…