Case law
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Division and case type: CivilMiscellaneous Application
…NAI. 4 OF 1999 BETWEEN GHARIB MOHAMED GHARIB.............................APPLICANT AND SULEKHA MOHAMED NAAMAN.............................RESPONDENT (An application to file appeal out of time in an intended appeal from a…
Division and case type: Environment and Land CourtMiscellaneous Application
…THAT the Honourable court be pleased to grant the Applicant leave to lodge an appeal out of time against the judgment of Hon. R. Yator, Principal Magistrate on 5th November, 2020. 3.…
…He averred that they filed an appeal on the matter and urged the court to allow the Applicant file its appeal out of time.…
Division and case type: Environment and Land CourtMiscellaneous Application
…out of time against the whole judgement of Hon.…
…The Applicants have sought for enlargement of time to enable them file an Appeal out of time.…
Division and case type: Constitutional and Human RightsPetition
…Accordingly they applied under the priviso to that section for the admission of their respective appeals out of time by applications dated July 19, 1984.…
…out of time.…
Division and case type: Environment and Land CourtMiscellaneous Application
…The first one is the Chamber Summons Application, dated 9th January 2023, which is brought under Section 79G of the Civil Procedure Act, wherein the Appellant/Applicant has sought for leave to appeal out of time, against…
…out of time because it is meritorious with a high chance of success.…
Division and case type: Constitutional and Human RightsPetition
…NAI. 3 OF 1998 BETWEEN CHRISTOPHER NYABAYO NYAMUKO .........................APPLICANT AND REPUBLIC ..............................................................RESPONDENT (Application for leave to appeal out of time from…
…He still wants to canvas his appeal hence this application filed on 15th of June, 1998 for extension of time for filing his appeal out of time.…
Division and case type: Environment and Land CourtPetition
…out of time.…
…For the avoidance of doubt, this court does not have jurisdiction to allow the filing of an appeal out of time.…
Division and case type: Environment and Land CourtMiscellaneous Application
…By Notice of Motion dated 22nd May 2023, the applicant seeks leave to appeal out of time against a judgment that was delivered by the Senior Principal Magistrate’s Court at Butali (Hon Z J Nyakundi, SPM) on 28th March 2022…
…Pursuant to Section 16A (2) of the Environment and Land Court Act, 2011, the court has jurisdiction to admit an appeal out of time if the appellant satisfies the court that he had a good and sufficient cause for not filing…
Division and case type: Environment and Land CourtMiscellaneous Application
…(C) THAT the Honourable court be pleased to grant the Applicants leave to appeal out of time against the judgment delivered on 9th March 2023 by Honourable Moses Oyoko Obiero (SPM) in Kehancha Senior Magistrate’s court, ELC…
…out of time, should be granted.…
Division and case type: Environment and Land CourtMiscellaneous Application
…The Applicants seek the following orders by their Notice of Motion dated 11th May 2023 and filed under Certificate of Urgency: 1) That leave be granted to the Applicants to file their Memorandum of Appeal out of time. 2)…
…It is that “good and sufficient cause” which will enable this Court to exercise it’s discretion in allowing the Applicant to file the appeal out of time.…
Division and case type: Environment and Land CourtMiscellaneous Application
…(Being an Application for stay of execution and leave of court to file the appeal out of time from the judgment and decree of the trial court, Hon. E. M.…
…Civil Procedure Act, Chapter 21 Laws of Kenya by the applicant, Pancreas Nyaidho Omollo, through Odingo and Company Advocates, seeking the following orders: (A) Spent (B) That the proposed appellant be granted leave to appeal…
Division and case type: Constitutional and Human RightsPetition
…The court must examine whether the appeal is competently before it so that an appeal is not admitted merely for parties to engage into academic exercise before the court. for example, where the appeal was led out of time…
…But even assuming that this was a case where leave could be sought and obtained to lodge the appeal out of time, there is no such reference to the order for leave to appeal out of time. 12.…
Division and case type: Environment and Land CourtMiscellaneous Application
…grounds that there exists an apparent error and/or mistake on record arising from the Orders issued by this honorable Court in its ruling delivered on 9th October, 2024 as follows: The Applicant is granted leave to file an appeal…
…out of time against the judgment in Molo CMCC and Case No 45 of 2018 delivered on 5th November, 2020.…
Division and case type: CivilMiscellaneous Application
…MUNGAI..............................................................................................RESPONDENT (Application for leave to appeal out of time in an intended appeal from the judgment and decree of the High Court…
Division and case type: Environment and Land CourtMiscellaneous Application
…IEBC & 7 others, SC Appl 16/2014 the Supreme Court of Kenya, laid down the following as the underlying principles that a court should consider in exercise of the discretionary power vested in it to extent time to file an Appeal…
…out of time: - i.…
Division and case type: Environment and Land CourtMiscellaneous Application
…Appeal against the entirety of the ruling delivered on 27th November 2025. c) The Notice of Appeal dated 11th December 2025 be deemed duly filed, or, in the alternative, the Applicant be granted leave to file a fresh Notice of…
…Appeal out of time. d) Costs of this application be in the cause. 2.…
Division and case type: Environment and Land CourtMiscellaneous Application
…That the record confirms that this miscellaneous file was opened upon the of filing of the application dated 13th February 2023 by Pwani Breeze Limited, the tenant/respondent, for leave to file an appeal out of time among…
Division and case type: Environment and Land CourtPetition
…The Applicants, who were the Respondents in this suit, filed an application dated 24th May 2024 seeking the following orders: a) This Honorable Court be pleased to grant the respondents/applicants leave to appeal out of…
…time from the judgment and decree of the court entered on October 19, 2023. b) Spent. c) Pending the hearing and determination of the intended appeal, this Honorable Court be pleased to stay the execution of the judgment…
Division and case type: CivilMiscellaneous Application
…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.…
Division and case type: CivilMiscellaneous Application
…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…
…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.…