Search court decisions

…THAT this Honourable Court be (sic) grant leave to extend time for filing an appeal (out of time) against the judgement of the Principal Magistrate’s Court at Kisumu of (sic) Hon. W.K.…

…THAT the Applicant be granted leave to lodge appeal out of time against the judgement of the Principal Magistrate’s Court at Kisumu of (sic) Hon. W.K.…

…of time.…

…To file an appeal out of time and seek the Court to extend time is presumptive and in-appropriate. No appeal can be filed out of time without leave of the Court.…

…of time.…

…Whether the Applicant has met the prerequisites for the grant of leave to appeal out of time. b.…

…The preliminary objection challenges the appellants' decision to file an appeal out of time, without first seeking and obtaining leave to do so.…

…of time, regardless of the length of delay.…

…Whether the appeal was filed outside time upon leave being granted to the appellant to file the appeal out of time 8.…

…The respondent /applicant averred that the appellant did not file the appeal within time upon obtaining the order to file the same out of time.…

…The law on filing an appeal out of time is settled.…

…The consequence of filing an appeal out of time without leave was discussed as such: “53.…

…She urged the court to allow the Appellant to file an appeal out of time. 4.…

…Ngugi vs ASL Credit Limited [2022] eKLR stated:- “The decision whether or not to grant leave to appeal out of time or to admit an appeal out of time is an exercise of discretion just like any other exercise of discretion…

…IEBC & 7 Others [2014] eKLR, he submits that an appeal filed out of time without leave is a nullity. 20.…

…He relies on Nicholas Kiptoo Arap Korir Salat (supra), where it was held that no appeal can be filed out of time without prior leave of the Court. 30.…

…E113 of 2024 wherein leave to appeal out of time was granted to the Appellant on 30th May 2023 by M. S. Shariff J. 3.…

…It is indeed true that the appeal was summarily rejected on account of there being no leave to appeal out of time and no such order for leave was annexed to the Memorandum of Appeal. 5.…

…of time was sought. 16.…

…In Mapesa v Amakobe [2025] KEELC 4794 (KLR) where the appeal was filed out of time, the court held that: 20.…

…In order for the appeal to be admitted out of time there was need to seek leave of the court.…

…Consequently, this court will not accept a document filed out of time without leave of the court.” 10.…

…The 2nd and 3rd Respondent contend that this court lacks jurisdiction to hear the present appeal as leave to appeal out of time was not sought. 2.…

…The Appellant has not given any reasons for the delay or sought leave to file the appeal out of time. 13.…

…The 2nd and 3rd Respondent contend that this court lacks jurisdiction to hear the present appeal as leave to appeal out of time was not sought. 2.…

…The Appellant has not given any reasons for the delay or sought leave to file the appeal out of time. 13.…

…No appeal may be filed out of time without the court's prior leave. Filing an appeal out of time without first obtaining leave renders the documents filed a nullity, devoid of any legal consequence.…

…In the instant application, the applicant is seeking a stay of execution without a prayer to file the appeal out of time.…

…The Appellant filed a Notice of Motion seeking, inter alia, a stay of execution pending the hearing and determination of the intended appeal, and leave to file the appeal out of time. 2.…

…Whether leave to appeal out of time should be granted;iv. Appropriate orders in the circumstances. Determination (a) Preliminary Objection 4.…

…Monari, the appeal was mistakenly dismissed for the reason that it had been filed out of time yet the applicant had been granted leave to file the appeal out of time.…

…E099 of 2023 shows that by an application dated 28 March 2023, the applicant sought for and successfully obtained leave to file the appeal in question out of time. 7.…

…That in the first place, the issue of leave to file the appeal out of time was not before the court and as such the court had no basis on deciding to grant leave to file the suit out of time. 5.…

…The issue for grant of leave to file suit out of time was not before the trial court when the trial magistrate purported to grant leave for the matter to be heard out of time. The court had to be moved accordingly.…

…In my view, the prayer seeking leave to file an appeal out of time against the judgment of 7 th October 2025 is misconceived.…

…He should only seek leave to file appeal out of time on the dismissal of the review application. The prayer seeking to file appeal out of time against the judgment of 7 th October 2025 is dismissed. 15.…

…Further that the Respondent never sought leave to file appeal out of time. 14.…

…Whether the Applicant should be granted leave to appeal out of time. b. What orders should this court issue. Whether the Applicant should be granted leave to appeal out of time 21.…