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…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…

…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.…

…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.…

…To this end, the respondents challenge that the appeal was filed out of time and without leave, and hence incompetent.…

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

…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.…

…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.…

…Aggrieved by the sale, the Applicants filed the instant application dated 3rd April 2025 seeking stay of execution and leave to file an appeal out of time. 8.…

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

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

…No attempt has been made to explain the delay in filing the appeal out of time.…

…(iii) THAT in the alternative and absolutely without prejudice to prayer (ii), this honourable court be pleased to grant the applicant leave to appeal out of time against the ruling and order of the subordinate court delivered…

…Having considered the pleadings and submissions by the parties this court finds that the issue (s) for determination are whether to enlarge the time to file the intended appeal out of time.…

…She urges the court to allow her file the appeal out of time which in her view is arguable.…

…I will therefore treat this matter as purely an application for leave to file an appeal out of time.…

…She urges the court to allow her file the appeal out of time which in her view is arguable.…

…I will therefore treat this matter as purely an application for leave to file an appeal out of time.…

…The Applicant be granted leave to file an appeal out of time. The draft memorandum of appeal filed herewith be deemed to have been duly filed. Costs of the application be provided for.…

…On the issue of filing the appeal out of time the applicants aver that they were not issued with the proceedings in good time and that had that been done they would file the appeal out of time.…

…THAT this Honorable Court be pleased to grant leave to the applicant to file their appeal out of time. 6.…

…The key issue for determination is whether the applicant has met conditions for grant of leave to appeal out of time. 9.…

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

…What we hear the applicant telling the court is that he is acknowledging having filed a ‘document’ he calls ‘an appeal’ out of time without leave of the court.…

…On whether the applicant has met conditions for grant of leave to appeal out of time.…

…out of time.…

…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.…

…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.…

…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…

…Kiarie who appeared for the applicant confessed that it was an error on her part, a mistake, which led to the filing of the appeal out of time. Mrs. Wahome who appears for the respondent accepts that Mrs.…

…Leave to file the appeal out of time was granted by the court on 23-04-2024 vide this courts HCJR Misc number E001 of 2023. b. The appeal was filed and registered on 25-06-2024.…

…of time, It is clear from the report of the Deputy Registrar that, the leave to file appeal out of time was granted on 25-04-2024.…