Search court decisions

…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.…

…The Appellant has now availed to this court the Ruling wherein leave to appeal out of time was granted.…

…It was submitted that they believe the court granted them leave to appeal on 8.5.2024, and they urge this court to validate the appeal if it finds that no leave to appeal was granted.…

…42 of the Civil Procedure Rules, the procurement of leave to appeal is a sine qua non to the lodging of the notice of appeal.…

…The ruling of 5th August 2024 dismissed the application for leave to appeal out of time and for stay of proceedings.…

…The ground for disallowing the prayer for leave to appeal out of time was that no reason or justification had been given for the delay in not seeking the leave to appeal within the time allowed in law.…

…RESPONDENT (Application for leave to appeal in an intended appeal from a Ruling of the High Court of Kenya at Mombasa (Wambilyangah, J) dated 21st September, 1994 in P & A CAUSE NO. 258 OF 1993) *********************** RULING…

…OF THE COURT The applicant seeks leave to appeal to this court against the ruling of the High Court of Kenya at Mombasa (Wambilyangah, J.) made on 21st September, 1994 in Probate and Administration Cause No. 258 of 1993…

…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.…

…The Appellants be granted leave to appeal to the Court of Appeal against the Ruling and order dated and delivered on 22 nd July 2025 in respect of the Appellant’s reference of objection to taxation dated 16 th September 2024…

…Although the applicant’s counsel was present, she did not seek leave to appeal. It is possible she forgot to do so, as the application was filed shortly afterwards. 7.…

…Whether the Applicant has met the prerequisites for the grant of leave to appeal out of time. b.…

…Subject to (a) above, whether the court should exercise its discretion to grant the Applicant leave to file its appeal out of time. Subject to (a) and (b) above c.…

…That application cannot be assumed to be an application for leave to file an appeal as contemplated under section 75 of the Civil Procedure Act and order 43 Rule 1 (2) of the Civil Procedure Rules.…

…In the absence of leave to appeal, the order extending time to file the appeal would be of no consequence.…

…E128 of 2021 be granted pending the hearing and determination of this application; d) The court be pleased to grant leave to appeal out of time against the judgement made by the Hon.L.…

…Counsel submitted two issues for determination: whether the appellant met the threshold for grant of leave to appeal out of time and who bears the costs. 7.…

…Amuga to be that he wanted to get leave to appeal before doing so. Rule 74(4) provides this is not necessary. In any event the leave to appeal allegedly obtained in April 1996 was granted out of time and is not valid.…

…On leave, Order 43(2) is cited, on the leave to appeal from orders under the Rules, and Mbaya vs. Kamau & Another [2023] cited.…

…to appeal.…

…Referring on section 75 of the CPA and Order 43 of the CPR, they submitted that there are orders in respect of which an appeal lies as of right and there are orders where leave to appeal is required.…

…It is noteworthy that the present application is not one for leave to appeal which in any event should have been made before the Court that made the order which the applicants seek to appeal against.…

…The appellant points out that leave to appeal had been obtained, in Busia HC Misc. Application No. E023 of 2022. Copies of the ruling and order in Busia HC Misc. Application No.…

…E023 of 2022, on 8th November 2022, allowing leave to appeal out of time, is attached, and I have found the same at page 3 of the record of appeal, dated 8th August 2023. 5.…

…The appellant points out that leave to appeal had been obtained, in Busia HC Misc. Application No. E023 of 2022. Copies of the ruling and order in Busia HC Misc. Application No.…

…E023 of 2022, on 8th November 2022, allowing leave to appeal out of time, is attached, and I have found the same at page 3 of the record of appeal, dated 8th August 2023. 5.…

…Prayer 4 seeks leave to appeal out of time against the judgment of 26 th May, 2025 and seeks that the filed Memorandum of Appeal be deemed as duly filed. 14.…

…There is nothing upon which this Court can grant leave to appeal against the judgment. 16.…

…By a Notice of Motion dated 13th March 2025, the Appellant seeks the following orders: 1) Leave to appeal the judgment delivered on 04th July 2024 in SCCCOMM E286 of 2024 out of time. 2) Setting aside of the judgment. 3)…

…From the affidavit on record, the issues arising for determination are: 1) Whether leave to appeal out of time should be granted; 2) Whether warrants of attachment of property and proclamation of attachment ought to be lifted…

…(g) That the Appellant had obtained leave to appeal out of time. The procedural irregularities are excused in the interest of substantive justice.…

…The Record of Appeal does not contain the order granting leave to appeal out of time. The Record of Appeal does not contain the plaint or defences.…

…by the appellant to seek leave, this appeal is grossly incompetent and ought to be struck out ex debito justice.…

…The view taken by the appellant is that the dismissal of the suit for want of jurisdiction is a substantive decision thus there would be no need for one to seek leave to appeal against such a decision.…

…Time to appeal having passed, the applicant seeks leave to appeal out of time against this order of the trial court.…

…He urged the court to deem the memorandum of appeal as properly filed and on record even though it was filed prior to granting of leave to appeal.…