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…He averred that they filed an appeal on the matter and urged the court to allow the Applicant file its appeal out of time.…

…of time.…

…Appeal out of time in an intended appeal from a Judgment of the High Court of Kenya at Nairobi (Justice Githinji) dated 25th March, 1996 in H.C.SUCC.C.…

…NO. 320 OF 1991) ******************* R U L I N G This is an application under Rule 4 of the Rules of this Court seeking an extension to file the Notice of Appeal and the Record of Appeal out of time.…

…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.…

…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.…

…of time.…

…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…

…of time because it is meritorious with a high chance of success.…

…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.…

…of time.…

…For the avoidance of doubt, this court does not have jurisdiction to allow the filing of an appeal out of time.…

…The Replying Affidavit and the documents annexed thereto filed by the 2nd Respondent dated 5th April, 2021 be struck out for being filed out of time without the leave of the court. 2.…

…The Applicant stated that the Replying Affidavit and the documents annexed thereto filed by the 2nd Respondent dated 5th April, 2021 be struck out for being filed out of time without the leave of the court.…

…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.…

…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.…

…MUMIAS SUGAR COMPANY LTD .........................RESPONDENT (Being an application for extension of time to serve notice of appeal out of time in an intended appeal from the judgement of the High Court of Kenya at Nairobi…

…Guserwa, Counsel on record for the applicant has applied for leave to withdraw this application on the ground that the Notice of Appeal sought to be served out of time was not filed by the applicant but a different person…

…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)…

…Provided that an appeal may be admitted out of time if the appellant satisfies the Court that he had good and sufficient cause for not filing the appeal in time.” Emphasis mine.…

…The Respondents submitted that the Applicant abused the court’s process by filling a reference out of time without seeking extension of time to do so.…

…The only issue arising for determination in the application is whether the court should grant leave to the Applicant to file a reference out of time.…

…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.…

…The Respondents/Applicants, aggrieved by the said judgment and decree, intend to file a notice of appeal against the said judgment and decree, but they are now out of time to do so. 4.   …

…The Respondents herein now seek to file an appeal out of time through this 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…

…While I was perusing the file to prepare the ruling, I noted that the Applicant had realised that his reference was filed out of time without leave of the court and had filed another application on 24th July 2024 by way of…

…an Originating Summons dated 24th July 2024 seeking leave to file reference out of time.…

…Whether time should be extended to allow the Plaintiff file Reference out of time against the Taxing Master’s ruling made on on 13th March, 2024. c.   …

…Whether time should be extended to allow the Plaintiff file a Reference out of time against the Taxing Master’s ruling delivered on 13th March, 2024 23.   …

…(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…

…of time, should be granted.…