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…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.…

…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.…

…Mr Wamae stated that it was this applicant’s failure to pass on the result of the case (of which Mr Wamae had informed him by telephone immediately after the judgment of Gachuhi J) which led to the filing of that notice of…

…appeal out of time, because he had no instructions, but that he nevertheless took steps towards the filing of the appeal, including the filing of the purported notice of appeal, “purely as a precaution”.…

…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…