Case law
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Division and case type: GeneralCase
…NAI. 141 OF 2004 BETWEEN WALTER AWUOTH AYUGI ………………………………………… APPLICANT AND HESBORN SULE OKOTH ………………………………………… RESPONDENT (Application for leave to file and serve notice and record of appeal out of time in an intended appeal…
Division and case type: Constitutional and Human RightsPetition
…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.…
Division and case type: GeneralUnclassified
…................ 2ND APPLICANT AND PUBLIC TRUSTEE ................................... 1ST RESPONDENT MONICA MOI RITHO ................................. 2ND RESPONDENT (An application for extension of time to file Notice of…
…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.…
Division and case type: Constitutional and Human RightsPetition
…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.…
Division and case type: Environment and Land CourtPetition
…out of time.…
…For the avoidance of doubt, this court does not have jurisdiction to allow the filing of an appeal out of time.…
Division and case type: GeneralUnclassified
…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.…
Division and case type: GeneralUnclassified
…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…
Division and case type: GeneralUnclassified
…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.…
Division and case type: Constitutional and Human RightsPetition
…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.…
Division and case type: Environment and LandCase
…In Karny Zaharya & Another v Shalom Levi CA No. 80 of 2018 Koome JA stated: “In considering whether to grant leave to a litigant to file his or her appeal out of time, the Court will have regard to factors such as: the reasons…
…In the circumstances of this case, I come to the conclusion that the notice of motion dated on 30.10.2020 as to grant of leave for an extension of time to file an appeal out of time be is meritorious.…
Division and case type: Environment and Land CourtPetition
…The Applicants, who were the Respondents in this suit, filed an application dated 24th May 2024 seeking the following orders: a) This Honorable Court be pleased to grant the respondents/applicants leave to appeal out of…
…time from the judgment and decree of the court entered on October 19, 2023. b) Spent. c) Pending the hearing and determination of the intended appeal, this Honorable Court be pleased to stay the execution of the judgment…
Division and case type: GeneralUnclassified
…) 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.…
Division and case type: Environment and Land CourtPetition
…An application was made for leave to Appeal to the Court of Appeal out of time.…
Division and case type: Environment and Land CourtPetition
…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…
Division and case type: Environment and Land CourtPetition
…Mwahunga Mtana & Co advocates came on record for them and filed an application dated 23rd September 2009 for leave to file appeal out of time; that the application was never prosecuted and the same was dismissed by Yano J…
Division and case type: Environment and Land CourtPetition
…ISSUE NO. 1- WHETHER OR NOT THE 1ST RESPONDENT’S APPEAL WAS FILED OUT OF TIME THEREBY RENDERING THE DETERMINATION UNCONSTITUTIONAL AND INFRINGING ON THE PETITIONER’S UNDER ARTICLE 40 OF THE KENYAN CONSTITUTION,2010?…
…ISSUE NO. 1- WHETHER OR NOT THE 1ST RESPONDENT’S APPEAL WAS FILED OUT OF TIME THEREBY RENDERING THE DETERMINATION UNCONSTITUTIONAL AND INFRINGING ON THE PETITIONER’S UNDER ARTICLE 40 OF THE KENYAN CONSTITUTION,2010?…
Division and case type: Environment and Land CourtPetition
…Reference was made to several authorities including the case of: in comparison to the instant applic“Nicholas Kiptoo Salat - Versus - IEBC and 7 Other [2014] eKLR” being similar to that of filing an appeal out of time.…