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…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.…

………………………………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) ____…

…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.…

…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…

…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.…

…NO. 2770 OF 1981) ***************** RULING: In this application, the applicant has sought extension of time within which to lodge his intended appeal to this Court.…

…His present application does not seek extension of time within which to lodge the notice of appeal.…

…NO. 99 OF 1996) **************** R U L I N G There is before me a motion on notice under rule 4 of the Rules of this Court (the Rules) seeking an extension of time to file and serve a notice and a record of appeal from the…

…ZAKARIA MUIGAI GAKIBE CIVIL APPEAL NO. 199 OF 1996 (unreported) where, in a suit for specific performance of an alleged contract to purchase land, an application for extension of time within which an application for consent…

…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.…

…RESPONDENT (Application for extension of time to file an appeal out of time from the Judgment of the High Court of Kenya at Nairobi (Justice Aganyanya) dated 17th March, 1998 in H.C.C.C.…

…NO. 160 OF 1998) ************* R U L I N G This application for extension of time to file the notice of appeal and the record of appeal was filed on 27 May, 1999 within a week of Civil Appeal No. 154 of 1998 being struck…

…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…

…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.…

…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…

…NAI. 191 OF 1994 BETWEEN FRANCIS MWANZA MULWA.................................APPLICANT AND PAMELA MARY KIKUMU...................................RESPONDENT (Application for extension of time to serve Notice of Appeal out…

…NO. 23 OF 1990) ************************* RULING In this application, the applicant has sought extension of time within which to serve the Notice of Appeal lodged in the superior court on 15th July, 1994.…

…(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.…

…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…

…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.…

…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.…

…ANGARA JUMA WATAMBAMALA (Appeal for extension of time to file notice of appeal in an intended appeal from the judgment of the high court of Kenya at Kakamega (Gicheru, J) dated 8th August, 1983) In HIGH COURT CIVIL CASE NO…

…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…