Case law
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Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
………………………………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) ____…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…APPLICANTS AND MADHIR CONSTRUCTION LIMITED ................... 1ST RESPONDENT EQUATOR BOTTLERS LIMITED ...................... 2ND RESPONDENT (Application for extension of time to serve Record of Appeal out of time in an intended…
…NO. 181 OF 2000) ******************* R U L I N G This is an application for extension of time within which to serve a record of appeal out of time. The decision to be appealed from was delivered on February 6, 2001.…
Division and case type: CivilCivil Appeal
…The applicant then applied for leave for extension of time so as to treat the said notice of appeal as having been filed in time.…
…Moreover the notice of appeal, came to be, as lodged in time, after the extension of time granted by Muli J.A. As the order of Muli J.A was not capable of compliance and as there was a genuine error on part of Mrs.…
Division and case type: CivilCivil Appeal
…APPELLANT AND KENYA NATIONAL TRADING CORPORATION .........RESPONDENT (Application for extension of time to file appeal in an intended appeal from a judgment and decree of the High Court of Kenya at Nairobi (Justice Githinji…
…NO. 2867 OF 1989) ********** R U L I N G This is an application under rule 4 of the Court of Appeal Rules for extension of time to file a notice of appeal and an appeal out of time, the first appeal filed by the applicant…
Division and case type: CivilCivil Appeal
…WARGEN SERVICE STATION LIMITED.......................RESPONDENTS (Application for extension of time to file Record of Appeal in the intended appeal from a Ruling of the High Court of Kenya at Nairobi (Juma, J.) dated 23rd…
…This application for extension of time within which to appeal was not filed until the 22/10/96.…
Division and case type: CivilCivil Appeal
…LTD...........................APPLICANT AND RAYMOND BUURI M'RIMBERIA..............................RESPONDENT (Application for extension of time to file Notice of Appeal and Record of Appeal out of time in an intended appeal…
…G On 19th March, 1997, this Court struck out the appeal filed by the applicant, being Civil Appeal No. 14 of 1996, on the ground that the same was filed out of time, without leave of the court having been obtained, for extension…
Division and case type: CivilCivil Case
…of time to “lodge” the appeal in that case.…
…A parallel situation as regards the amendment of the rules might be said to have occurred in England in relation to extension of time.…
Division and case type: CivilCivil Appeal
…(Application for extension of time to file and serve Notice and Record of Appeal against the Judgment of the High Court of Kenya at Nairobi (Justice Shah) dated 23rd December, 1994 in H.C.C.C.…
…NO. 2560`A' OF 1989 R U L I N G The present application is for the extension of time for the filing of a Notice of Appeal in an intended appeal and the related record of appeal.…
Division and case type: CivilCivil Appeal
…LTD...........................APPLICANT AND RAYMOND BUURI M'RIMBERIA..............................RESPONDENT (Application for extension of time to file Notice of Appeal and Record of Appeal out of time in an intended appeal…
…G On 19th March, 1997, this Court struck out the appeal filed by the applicant, being Civil Appeal No. 14 of 1996, on the ground that the same was filed out of time, without leave of the court having been obtained, for extension…
Division and case type: CivilCivil Case
…The fourth document is a copy of a letter in reply requesting for extension of time for filing defence for a further 10 days.…
…The fifth one is a confirmation by the applicant’s counsels that they had consented to the extension of time sought. In it they also acknowledge receipt of a copy of the written statement of defence.…
Division and case type: CivilCivil Appeal
…NO. 269 OF 1989) O R D E R This is an application under rule 4 of the Rules of this Court for an extension of time to file a notice of appeal.…
Division and case type: CivilCivil Appeal
…Mr Kamau has applied for extension of time so that Notice of Appeal and the Memorandum of Appeal shall be deemed to have been served within time. He has also applied extension to file the order out of time.…
Division and case type: CivilCivil Appeal
…The procedure for obtaining the extension of time for the purpose of section 27 of the Act is set out in Section 28. It is also provided for in Order XXXVI rule 3C of the Civil Procedure Rules.…
…Whether the application was made before or after filing the suit, there is no provision for the defendant to be heard before the order authorising the extension of time is granted because the application is meant to be unopposed…
Division and case type: CivilCivil Appeal
…There is no leave for any extension of time. Secondly, the record does not contain all the exhibits produced at the trial.…
Division and case type: CivilCivil Appeal
…NAI. 29 OF 2000 BETWEEN A-D AVIATION (AIRCHARTER) LIMITED.......................APPLICANT AND INTERNATIONAL AIRBOATS LIMITED..........................RESPONDENT (An application for extension of time to file Notice and Record…
Division and case type: CivilCivil Appeal
…KENYA TRANSIT AND TRADING COMPANY LIMITED ....3RD RESPONDENT (An application for extension of time to serve Notice of Appeal from the judgment of the High Court of Kenya at Mombasa (Hon. Mr. Justice M.…