Case law
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Division and case type: GeneralUnclassified
…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.…
…NO. 320 OF 1991) ******************* R U L I N G This is an application under Rule 4 of the Rules of this Court seeking an extension to file the Notice of Appeal and the Record of Appeal out of time.…
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.…
…of time.…
Division and case type: Environment and Land CourtPetition
…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: Environment and Land CourtPetition
…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.…
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: 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…
…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…
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 Land CourtPetition
…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.…
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
…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: GeneralUnclassified
…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.…
Division and case type: Environment and Land CourtPetition
…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.…
Division and case type: Environment and Land CourtPetition
…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?…
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…
…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.…
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
…No leave to file the application out of time was sought and filed. g) Instead of filing a reference the Applicants had filed the instant application and which was thus misplaced as an abuse of the court process further…
…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.…
Division and case type: Environment and Land CourtPetition
…Lutta, appearing for the respondents, states that the issue before this court is whether the applicant should be allowed to file a notice of reference out of time.…
Division and case type: Environment and Land CourtPetition
…If they had any valid reason to warrant the filing of the Reference out of time, the Respondents ought to have first sought for the enlargement of time before proceeding with the Reference. 17. …
Division and case type: Constitutional and Human RightsPetition
…The affidavit in opposition to the petition was filed on April 17, 1996 which was on the date of the petition hearing and was objected to as having been filed out of time.…
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?…