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…Appeal out of time in an intended appeal from the judgment of the High Court of Kenya at Nairobi (Justice Aragon) dated 5th May, 1989 in H.C.C.C.…

…R U L I N G The present application which has been brought under Rule 4 of the Rules of this court, is for an order that the subject Notice of Appeal be deemed to have been served in time or for leave that it be served out…

….………………………..RESPONDENT RULING This is an application brought under rules 4 and 81 of the Court of Appeal Rules by Kenya Arab Orient Insurance Limited for an order that the applicant be given leave to file its appeal out of…

…time and that the costs of the application be costs in the appeal.…

…LTD...........................APPLICANT AND RAYMOND BUURI M'RIMBERIA..............................RESPONDENT (Application for extension of time to file Notice of Appeal and Record of Appeal out of time in an intended appeal…

…Kiarie who appeared for the applicant confessed that it was an error on her part, a mistake, which led to the filing of the appeal out of time. Mrs. Wahome who appears for the respondent accepts that Mrs.…

…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.…

…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.…

…LTD...........................APPLICANT AND RAYMOND BUURI M'RIMBERIA..............................RESPONDENT (Application for extension of time to file Notice of Appeal and Record of Appeal out of time in an intended appeal…

…Kiarie who appeared for the applicant confessed that it was an error on her part, a mistake, which led to the filing of the appeal out of time. Mrs. Wahome who appears for the respondent accepts that Mrs.…

…of time in an intended appeal from an order of the High Court of Kenya at Machakos (Osiemo, J.) dated 11th July, 1994 in H.C.C.C.…

…That Notice of Appeal was served on counsel for the respondent on 4th August, 1994 - 13 days out of time.…

…In answer to Kneller JA in that application Mr Wamae, the applicant’s advocate, is recorded as having said, inter alia: “Notice of intended appeal lodged on February 28th, 1983, out of time by 14 days.…

…Thus, it was five days out of time.…

…In answer to Kneller JA in that application Mr Wamae, the applicant’s advocate, is recorded as having said, inter alia: “Notice of intended appeal lodged on February 28th, 1983, out of time by 14 days.…

…Thus, it was five days out of time.…

…APPLICANTS AND MADHIR CONSTRUCTION LIMITED ................... 1ST RESPONDENT EQUATOR BOTTLERS LIMITED ...................... 2ND RESPONDENT (Application for extension of time to serve Record of Appeal out of time in an intended…

…NO. 181 OF 2000) ******************* R U L I N G This is an application for extension of time within which to serve a record of appeal out of time. The decision to be appealed from was delivered on February 6, 2001.…

…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.…

…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.…

…Patel has submitted that the notice of appeal was filed out of time in that the judgment having been delivered on December 3, 1984 the latest date for filing the notice of appeal was December 7, 1984, but it was filed on…

…This is clearly out of time. The applicant has not applied for this time to be extended as a step to be corrected in the appeal.…

…ABDI..............................................RESPONDENT (Application for extension of time to file and serve Notice of Appeal and Record of Appeal out of time in an intended Ruling & Order of the High Court of Kenya…

…NO. 911 OF 1991) **************** R U L I N G I have before me an application dated 18th November, 1997 whereby the applicant seeks leave to file, out of time, and therefore serve out of time, a notice of appeal and the consequent…

…In the first, the applicant Lydia Wanjiru Mwangi seeks an extension of time to lodge the record of appeal out of time.…

…It would then not have been out of time in all probability. But the proceedings were received on August 28, 1987 and sent back for correction. They were finally received on September 7, 1987.…

…Patel has submitted that the notice of appeal was filed out of time in that the judgment having been delivered on December 3, 1984 the latest date for filing the notice of appeal was December 7, 1984, but it was filed on…

…This is clearly out of time. The applicant has not applied for this time to be extended as a step to be corrected in the appeal.…

…(as he then was) the learned judge declined to grant the leave as the application was filed out of time.…

…Although that application (as it shows) was filed pursuant to leave granted by Platt J. on 15th February, 1982 yet in third prayer thereof the first respondent was seeking leave to file the notice of motion out of time.…

…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.…

…In his submission in court counsel for the appellant reiterated his grounds of appeal and stressed the following points. (1) That since he pleaded that the plaint was filed out of time the plaintiff should have adduced evidence…

…to show that he had obtained leave to file the suit out of time, the fact that this was not raised at the time of trial notwithstanding. (2) That the injury was to the left eye which had healed and he had not lost sight…