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…of time.…

…Nakuru Civil Appeal No 156 of 1999 was struck out on 21st February, 2001 for being out of time. The applicant lodged this application a week later on 28th February, 2001.…

…of time for the 28 days provided under the National Assembly and Presidential Elections Act.”…

…Under section 20 of Cap. 7 this was out of time. The learned counsel for the petitioner has urged the court to invoke the provisions of the Civil Procedure Rules.…

…He has also applied extension to file the order out of time. In order to succeed Mr Kamau has to bring himself within rule s4 by showing sufficient cause to explain why the required steps were not taken timeously.…

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

…Although dealing with service under rule 15, the Court was emphatic that there being no personal service and the advertisement in the gazette being out of time, the proceedings were a nullity.…

…It was therefore out of time. But there had been an attempt to serve the 2nd respondent by leaving a copy of the petition with the Registrar.…

…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.…

…There is only one case in which proceedings may be instituted or continued out of time and that is when section 27 of the Limitation of Actions Act (cap 22) applies.…

…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.…

…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.…

…Mr Etyang argued that the appellant is out of time by some eight years and that to give leave would be to strain the language of the Act a bit too far.…