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…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…

…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.…

…NAI. 3 OF 1998 BETWEEN CHRISTOPHER NYABAYO NYAMUKO .........................APPLICANT AND REPUBLIC ..............................................................RESPONDENT (Application for leave to appeal out of time from…

…Rent Restriction Tribunal; that the appeal is from a decision of the superior court on an application made independently of the appeal; that the appeal has neither been heard nor determined and that the appellant obtained leave…

…to appeal from the superior court.…

…The appellant was unhappy with this order and sought leave to appeal to this Court, which was granted. It then filed a notice of appeal followed by an appeal.…

…learned Principal State Counsel, informed us that he was not aware of this letter when the application came before the High Court, and that had he been aware of it he would not have opposed the granting by the judge of leave…

…to appeal out of time.…

…In that case the excuse by Counsel for not filing the notice of appeal in time was that as no leave to appeal was obtained, no notice of appeal could be filed.…

…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.…

…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.…

…That must mean that he must seek leave to appeal against Mr Justice J.S. Patel’s order out of time. That step has not been taken.…

…In the meantime, upon being instructed by Mr Matiba, the appellant sought in Civil Appeal No 179 of 1993, the reversal by this Court of the leave to appeal granted by the High Court.…

…He then granted leave to appeal. The appellant appealed to this Court on two main grounds, namely: 1. The learned judge erred in law and failed to exercise his discretion in the appellant’s favour. 2.…

…That ruling was followed by an application for leave to appeal. Leave to appal was granted by Pall J whose leave led to the ling of this appeal.…