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…He further averred that the Applicants filed a Notice of Appeal on 11th October, 2023 for a judgment delivered on 22nd September, 2023 thus out of time.…

…It is not in dispute that the said Notice of Appeal was filed before the court’s ruling on 24th November, 2023 granting the Applicants leave to file appeal out of time.…

…(sic) d) That the Honourable court do grant leave to appeal out of time to the Judgement dated 2/6/2022 e) That the Honourable court do give any other direction that may deem fair and just.…

…He further deponed that he obtained the court judgment in May 2025 and urged the court to grant leave to appeal out of time. 3.…

…of time.…

…He submitted that the prayer for leave to appeal out of time ought to be directed at the court hearing the appeal and not this court.…

…of time. 3.   …

…of time.…

…whether to grant leave to the applicant to appeal out of time against the judgment delivered on 19th May 2023; b.   …

…Leave to appeal out of time is an equitable remedy which is granted at the discretion of the court, but is not a right.…

…of time on 24th October 2014 could be deemed as being properly on record.…

…I find the following issues emerging for determination; Whether the Applicant has satisfied the conditions requisite for granting leave to file appeal out of time, if so?…

…In answer to Kneller JA in that application Mr Wamae, the applicant’s advocate, is recorded as having said, inter alia: “Notice of intended appeal lodged on February 28th, 1983, out of time by 14 days.…

…Thus, it was five days out of time.…

…In answer to Kneller JA in that application Mr Wamae, the applicant’s advocate, is recorded as having said, inter alia: “Notice of intended appeal lodged on February 28th, 1983, out of time by 14 days.…

…Thus, it was five days out of time.…

….…………………… 5TH DEFENDANT RULING (On application to file a Notice of Appeal out of time; Section 7 Appellate Jurisdication Act; application allowed) 1.…

…The substantive prayers are firstly to be allowed to change counsel to M/s Kyale Mumo & Associates Advocates after judgment; secondly they seek orders of extension of time to file a notice of appeal out of time arising from…

…In respect to the issue “whether the Reference is fatally defective for being filed out of time”, the Applicant did not respond or submit thereon. 17.…

…of time was borne out of excusable grounds.…

…In his affidavit and submissions, the Applicant focused on the merits of the main appeal rather than providing reasons for the delay in filing an appeal out of time. 11.…

…of time.…

…of time.…

…of time; Length of the delay.…

…The only issue which arises for determination is whether the appellant’s should be granted leave to Appeal out of time against the judgment/decree delivered herein by Hon Justice J.N Njagi dated 19 th February 2026. 8.…

…Provided that an appeal may be admitted out of time if the appellant satisfies the court that he had good and sufficient cause for not filing the appeal in time.” 9.…

…About 4 months after the court's decision was delivered, the defendant filed the application dated 12th September 2025, by which he seeks to file the Notice of Appeal out of time, to obtain a stay of execution of the judgment…

…Counsel for the defendant identified the issues for determination as being:- i Whether the conditions for leave to appeal out of time had been met; and ii Whether the applicant is entitled to the relief sought? 7.…

…The Reference is incompetent as it was filed out of time. 7. The Court directed that parties dispose of the Preliminary Objections through written submissions. They complied. 8.…

…From the averments and submissions by parties, I frame the issues for this Court's decision as whether the Reference is incompetent as it was filed out of time and whether this Court should exercise its inherent discretion…

…of time.…

…He contends that unless this application is allowed and leave is granted to file the Notice of Appeal out of time, the Plaintiff will be deprived of his right to a fair hearing and shut from the seat of justice and that it…

…He submitted that the applicant’s appeal was struck out for failure to seek leave to file the appeal out of time. 31.…

…This court proceeds to determine the issues sequentially. a) Whether the applicant’s application for leave to appeal out of time is merited 41.…

…The Respondent has admitted that the amended pleading was filed out of time. His argument is that the amended plaint was intended to enable the court to determine issues.…

…The respondent failed to file a formal application seeking leave to file the amended plaint out of time. The court has no option but to strike out the amended plaint, which was filed without the court's leave.…

…ISSUE NO. 2- WHETHER OR NOT THE APPEAL TO THE MINISTER BY THE 1ST DEFENDANT WAS FRAUDULENT HAVING BEEN FILED OUT OF TIME OR NOT?…

…ISSUE NO. 2- WHETHER OR NOT THE APPEAL TO THE MINISTER BY THE 1ST DEFENDANT WAS FRAUDULENT HAVING BEEN FILED OUT OF TIME OR NOT?…