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…of time in an intended appeal from an order of the High Court of Kenya at Machakos (Osiemo, J.) dated 11th July, 1994 in H.C.C.C.…

…That Notice of Appeal was served on counsel for the respondent on 4th August, 1994 - 13 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.…

…Patel has submitted that the notice of appeal was filed out of time in that the judgment having been delivered on December 3, 1984 the latest date for filing the notice of appeal was December 7, 1984, but it was filed on…

…This is clearly out of time. The applicant has not applied for this time to be extended as a step to be corrected in the appeal.…

…In his submission in court counsel for the appellant reiterated his grounds of appeal and stressed the following points. (1) That since he pleaded that the plaint was filed out of time the plaintiff should have adduced evidence…

…to show that he had obtained leave to file the suit out of time, the fact that this was not raised at the time of trial notwithstanding. (2) That the injury was to the left eye which had healed and he had not lost sight…

…At any rate that notice was not a valid one, having been filed out of time without any order for extension of time.…

…In the record of that appeal at page 58 is a notice of appeal which is dated 10th day of October, 1984 which was lodged way out of time. There is no evidence of any order for extension of time to file the said notice.…

…MUNGAI..............................................................................................RESPONDENT (Application for leave to appeal out of time in an intended appeal from the judgment and decree of the High Court…

…In paragraph 3 of the replying affidavit Mr Wanyonyi swears on behalf of the defendant that:- “That, the defendant hereof (sic) has filed an application for reference to be filed out of time and the said application has not…

…What appears to be pending before the Tribunal is an application by way of notice of motion under sections 6(1) and 9(3) of the Act for leave to file a reference to the Tribunal out of time.…

…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.…

…His argument simply is that the suit has been filed out of time, and is barred by the Limitation of Actions Act.…

…THE COMMISSIONER OF LANDS ........................RESPONDENTS (Application for leave to file and serve Notice and Record of appeal out of time in an intended appeal from a Ruling & Order of the High Court of Kenya at Meru…

…Consequently it is my view that the advocate, whoever he was, fully addressed his mind to the issue of limitation but nonetheless consented to the plaintiff coming on record out of time.…

…Bandali t/a Shimoni Enterprises v Wills REPUBLIC OF KENYA Court of Appeal, at Mombasa August 29, 1991 Hancox CJ, Gachuhi & Cockar JJ A Civil Application No NAI 12 of 1991 (Application for leave to appeal out of time in an…

…He made an application to this court (Potter JA) for leave to file appeal out of time which application was dismissed on August 29, 1980.…

…June, 1989 for several orders, namely, that the judgment entered against them ex parte on the 16th February, 1988 be set aside, that there be a stay of execution, that the defendants be granted leave to file their defence out…

…of time, that the defence annexed to their Chamber Summons be deemed to have been duly filed and lastly that the costs of this application be provided for.…

…As I have said, it is an application for extension of time to file a Notice of Appeal, a Memorandum of Appeal and a Record of Appeal out of time made under rule 4 of the Rules of this Court.…