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…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.…

…In answer to Kneller JA in that application Mr Wamae, the applicant’s advocate, is recorded as having said, inter alia: “Notice of intended appeal lodged on February 28th, 1983, out of time by 14 days.…

…Thus, it was five 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.…

…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 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.…

…In his submission in court counsel for the appellant reiterated his grounds of appeal and stressed the following points. (1) That since he pleaded that the plaint was filed out of time the plaintiff should have adduced evidence…

…to show that he had obtained leave to file the suit out of time, the fact that this was not raised at the time of trial notwithstanding. (2) That the injury was to the left eye which had healed and he had not lost sight…

…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.…

…At any rate that notice was not a valid one, having been filed out of time without any order for extension of time.…

…In the record of that appeal at page 58 is a notice of appeal which is dated 10th day of October, 1984 which was lodged way out of time. There is no evidence of any order for extension of time to file the said notice.…

…NO. 379 OF 1986) ************* R U L I N G This is an application under rule 4 of the Rules of this Court for an extension of time to file a notice of appeal and a record of appeal out of time.…

…NO. 911 OF 1991) *********************** R U L I N G This is an application for leave to file Notice of appeal out of time. (Rule 4). Ruling about which the Notice of appeal relates was delivered on 17th February, 1993.…

…The applicant has fully explained the circumstances which led to the notice of appeal being filed out of time. I do not understand Mrs Nyakundi to be saying that the explanation given is false.…

…THAT the delay in this case is excusable for there are sufficient reasons for the Honourable court to exercise its discretion and grant leave to file the reference out of time.…

…In exercise of its discretion to file a reference out of time, a court has to be satisfied that the omission to file the same within time was excusable.…

…In paragraph 3 of the replying affidavit Mr Wanyonyi swears on behalf of the defendant that:- “That, the defendant hereof (sic) has filed an application for reference to be filed out of time and the said application has not…

…What appears to be pending before the Tribunal is an application by way of notice of motion under sections 6(1) and 9(3) of the Act for leave to file a reference to the Tribunal out of time.…

…of time and it offends Section 29 (1) of the Land Adjudication Act.…

…ISSUE NO. 1- WAS THE MINISTER’S APPEAL NO. 139 OF 1998 FILED OUT OF TIME BY THE 6TH RESPONDENT OR NOT THEREBY INFRINGING ON THE PETITIONER’S RIGHT UNDER ARTICLE 40 OF THE KENYAN CONSTITUTION,2010?…

…The Petitioner is therefore of the view that first and foremost, the 1st and 2nd Defendants actions of admitting the 6th Respondent’s Appeal out of time was unlawful and contrary to the provisions of the Land Adjudication…

…This is because while the Petitioner states that the Appeal No. 139 of 1998 was filed out of time, the 4th Respondent disputes this fact by stating that it was filed within time.…

…His argument simply is that the suit has been filed out of time, and is barred by the Limitation of Actions Act.…

…) BETWEEN EDWARD RIITHO HEZRON KAMAU WAWERU JOHN NDUNGU MBUGUA ....................................APPLICANTS AND MUCHOHI GIKONYO .......................................RESPONDENT (Application for leave to file a Record of…

…Appeal out of time from a Judgment of the High Court (Lady Justice Aluoch) dated 28th June, 1990 in H.C.C.C.…