Case law
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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: CivilCivil Case
…His argument simply is that the suit has been filed out of time, and is barred by the Limitation of Actions Act.…
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: CriminalCriminal Appeal
…We allowed his two applications for this appeal to be heard out of time, as well as in forma pauperis.…
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: CivilCivil Case
…Consequently it is my view that the advocate, whoever he was, fully addressed his mind to the issue of limitation but nonetheless consented to the plaintiff coming on record out of time.…
Division and case type: CivilCivil Appeal
…Mr Dhanjal has correctly pointed out that, the notice of appeal was filed out of time, it was not served on the respondent or his advocate and even after the applicant received the certified copies of the judgment and proceedings…
Division and case type: CivilCivil Case
…Bandali t/a Shimoni Enterprises v Wills REPUBLIC OF KENYA Court of Appeal, at Mombasa August 29, 1991 Hancox CJ, Gachuhi & Cockar JJ A Civil Application No NAI 12 of 1991 (Application for leave to appeal out of time in an…
Division and case type: CivilCivil Appeal
…Even if there was a meeting on that date, it was obviously out of time as three months provided by section 6(2) .. of the Land Control Act (cap 302) had expired.…
Division and case type: CivilMiscellaneous Application
…He made an application to this court (Potter JA) for leave to file appeal out of time which application was dismissed on August 29, 1980.…
Division and case type: CivilCivil Suit
…He made an application to this court (Potter JA) for leave to file appeal out of time which application was dismissed on August 29, 1980.…
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: CivilCivil Suit
…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.…
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.…
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: CivilCivil Appeal
…on October 9, 1982 included, among other matters, an admission that the accident took place on February 23, 1978 but by waiting until September 7, 1982 (a period of over 41/2 years) to file his action, the respondent was out…
…of time under section 4(2) of the Limitation of Actions Act (cap 22).…