Case law
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Division and case type: CivilCivil Suit
….…………… RESPONDENT (Application for extension of time to serve the record of appeal and the appeal be admitted of time at the High Court of Kenya at Nakuru ( Masime J ) dated December 3, 1983 In High Court Civil Case No 235…
…Instead, the application before me is for extension of time within which to file the record of appeal. Even for that application, no reasons have been stated as to the cause of delay.…
Division and case type: Environment and Land CourtCivil Suit
…The Applicant herein seeks an extension of time within which to file his Reference to the Taxing Master's ruling of 22nd January 2021. 10.…
…: 1. extension of time is not a right of a party; it is an equitable remedy that is only available to a deserving party at the discretion of the court; 2. a party who seeks extension of time has the burden of laying a basis…
Division and case type: Environment and Land CourtCivil Suit
…of time to file an appeal that is still existing.…
…court and the party seeking extension of time has the burden to lay a basis to the satisfaction of the court. 11.…
Division and case type: Environment and Land CourtCivil Suit
…of time as follows; - i.…
…A party who seeks for extension of time has the burden of laying a basis to the satisfaction of the Court. iii.…
Division and case type: Environment and Land CourtCivil Suit
…The preliminary issues in the objection to the application are that: a. it lacks procedural rectitude, that it is an omnibus application that seeks several divergent prayers including extension of time, stay of execution,…
…In the same application, extension of time for the purpose has been sought. the prayers have been laid out in the manner that the prayer for extension of time is to be considered first before the rest.…
Division and case type: High Court CivilCivil Suit
…The jurisdiction to grant an order for extension of time is unfettered and lie any jurisdiction must be exercised judiciously.…
…A party who seeks for extension of time has the burden of laying a basis to the satisfaction of the court; 3.…
Division and case type: Environment and Land CourtCivil Suit
…The Interested Parties/Applicants seek extension of time to enable them file Notice of Appeal against the ruling delivered by this Court on 31st October 2023 and that the Notice of Appeal filed be deemed to be properly on…
…: Extension of time is not a right of a party.…
Division and case type: Environment and Land CourtCivil Suit
…The main relief that the Interested Parties/Applicants seek is extension of time to enable them file Notice of Appeal against the ruling delivered by this Court on 31st October 2023.…
…: Extension of time is not a right of a party.…
Division and case type: Environment and Land CourtCivil Suit
…Extension of time is not an entitlement of a party, hence an applicant seeking extension of time must explain the delay to the satisfaction of the court. 16.…
…of time as follows; (1) Extension of time is not a right of a party.…
Division and case type: Environment and Land CourtCivil Suit
…The only issue that arise for the court’s determination is whether the applicant has demonstrated good and sufficient cause to justify extension of time. 6.…
…In the case of Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 Others [2014] e KLR, the Supreme court had the following to say on extension of time for filing an appeal; (1) “Extension…
Division and case type: Environment and Land CourtCivil Suit
…Independent Electoral and Boundaries Commission & 7 others [2014] KESC 12 (KLR), outlined the principles to be followed when exercising the discretionary power to extend time: “Extension of time being a creature of equity…
…Extension of time is not a right of a litigant against a Court, but a discretionary power of the Courts which litigants have to lay a basis [for] where they seek grant of it.…….…
Division and case type: Environment and Land CourtCivil Suit
…The issue for determination is whether this court has the jurisdiction to hear the Application for extension of time to file an appeal out of time. 9.…
…Extension of time is not a right of a party. It is an equitable remedy that is only available to a deserving party at the discretion of the Court; 2.…
Division and case type: High Court CivilCivil Suit
…The Respondent contends that there is no provision in law for extension of time for a claim based on contract.…
…The only issue for determination is whether the prayer seeking extension of time is merited.…
Division and case type: Environment and Land CourtCivil Suit
…Section 7 of the Appellate Jurisdiction Act confers jurisdiction on this Court to hear and determine an application for extension of time to file notice of appeal.…
…Extension of time is not a right of a party. It is an equitable remedy that is only available to a deserving party at the discretion of the Court; 2. …
Division and case type: Environment and Land CourtCivil Suit
…Extension of time is not a right of any party. It is an equitable remedy that is only available to a deserving party at the discretion of the court; 2.…
…A party who seeks for extension of time has the burden of laying a basis to the satisfaction of the court; 3.…
Division and case type: High Court CivilCivil Suit
…That the Plaintiff is averse to a mutual extension of time and has now commenced enforcement proceedings through judicial review in Mombasa High Court Judicial Review No.…
…of time.…
Division and case type: High Court CivilCivil Suit
…That the Plaintiff is averse to a mutual extension of time and has now commenced enforcement proceedings through judicial review in Mombasa High Court Judicial Review No.…
…of time.…
Division and case type: Environment and Land CourtCivil Suit
…The Defendant filed another application in the Court of Appeal dated 24th February 2023 for an extension of time to file and serve a record of appeal and for the record of appeal that was served upon the Plaintiff on 5th…
…The Defendant averred that he subsequently applied for an extension of time to file a record of appeal.…
Division and case type: Environment and Land CourtCivil Suit
…The guiding principles in an application for extension of time were identified by the Supreme Court in Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 others [2014] eKLR as follows:…
…This being the first case in which this Court is called upon to consider the principles for extension of time, we derive the following as the under-lying principles that a Court should consider in exercise of such discretion…
Division and case type: Environment and Land CourtCivil Suit
…The Court laid down seven governing principles for extension of time, including: i) Extension of time was not a right of a party.…
…It is not, however, a complete answer to an application for extension of time where the applicant does not demonstrate any diligence on his own part. 34. …