Case law
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Division and case type: CivilCivil Appeal
…this court and section 5(d) of the Court of Appeal Rules (but we think the Appellate Jurisdiction Act was intended) he asks this court to strike out the above appeal on the ground that, besides it having been instituted out…
…of time, it is frivolous, vexatious and that it was brought for the purposes of delaying the expeditious disposal of his suit before the superior court, to wit Nairobi High Court Civil Case No. 2725 of 1994, which is still…
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: CivilCivil Appeal
…THE COURT The respondent has taken out a Notice of Motion under rule 80 of the Court of Appeal Rules seeking an order striking out the appeal filed by the appellant on 7th December, 1995, on the ground that it was filed out…
…of time without the leave of the Court being sought.…
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: CivilCivil Appeal
…NO. 2867 OF 1989) ********** R U L I N G This is an application under rule 4 of the Court of Appeal Rules for extension of time to file a notice of appeal and an appeal out of time, the first appeal filed by the applicant…
Division and case type: CivilCase number Civil Application
…Rule 4 is in point, because the present application arises out an application by the defendants for leave to appeal out of time. That is Civil Application No 30 of 1986.…
Division and case type: CivilCase number Civil Application
…MUNGAI..............................................................................................RESPONDENT (Application for leave to appeal out of time in an intended appeal from the judgment and decree of the High Court…
Division and case type: CivilMiscellaneous Application
…MUNGAI..............................................................................................RESPONDENT (Application for leave to appeal out of time in an intended appeal from the judgment and decree of the High Court…
Division and case type: CivilCase number Civil Application
…There are now three prayers before the court: 1) Leave to serve the notice of appeal dated September 24, 1986 (not September 29, 1986 as it is written as may be seen from the notice CNK 2) out of time on the plaintiff. 2)…
…Leave to lodge a notice of appeal against the assessment of damages dated March 24, 1987. 3) In the case of both notices leave to lodge the record of appeal out of time.…
Division and case type: CivilCase number Civil Application
…Tunoi, JA had held that “as far as the issue of extension of time to lodge appeal out of time is concerned”, he was bound by an earlier ruling in a reference to the full bench of this court dated 2nd October, 1996, which…
Division and case type: CivilMiscellaneous Application
…RESPONDENT (Application for extension of time to file an appeal out of time from the Judgment of the High Court of Kenya at Nairobi (Justice Aganyanya) dated 17th March, 1998 in H.C.C.C.…
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: CivilCase number Civil Application
…Making allowance for the Christmas judicial vacation, it is admitted that she is about 14 months out of time. That on the face of it, is an unusually long time.…
Division and case type: CivilCivil Appeal
…of time was made under sections 27 and 28 of the Limitation of Actions Act, which does not, of course, apply to a local authority.…
…The appellant then took out the Originating Summons on 4th October 1991 seeking leave to file the suit out of time against the respondents.…
Division and case type: CriminalMiscellaneous Application
…THE COMMISSIONER OF LANDS ........................RESPONDENTS (Application for leave to file and serve Notice and Record of appeal out of time in an intended appeal from a Ruling & Order of the High Court of Kenya at Meru…
Division and case type: CivilCivil Appeal
…JUDGE OF APPEAL" Following this order, Mrs Dias sought and obtained from the learned single Judge of this Court (Shah, J.A.) leave to lodge appeal out of time. Consequently, she filed Civil Appeal No. 263 of 1996 .…
…JUDGE OF APPEAL" On the same day on which the appeal was struck out, Mrs Dias again sought extension of time to lodge a notice of appeal and record of appeal out of time.…
Division and case type: CivilCase number Civil Application
…Majanja urges me to accept that that explanation is not valid because the applicant had not written a letter to the Deputy Registrar bespeaking the copies of the proceedings and thus the appeal is bound to be filed out of…
…time.…
Division and case type: CriminalCriminal Appeal
…Amazingly the appellant waited until March 1985 to apply to a single Judge of this court to be allowed to file his appeal out of time.…
Division and case type: CriminalCriminal Appeal
…Amazingly the appellant waited until March 1985 to apply to a single Judge of this court to be allowed to file his appeal out of time.…