Case law
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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: 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: 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: 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).…
Division and case type: CivilCivil Appeal
…Patel’s order out of time. That step has not been taken.…
Division and case type: CivilCivil Case
…June, 1989 for several orders, namely, that the judgment entered against them ex parte on the 16th February, 1988 be set aside, that there be a stay of execution, that the defendants be granted leave to file their defence out…
…of time, that the defence annexed to their Chamber Summons be deemed to have been duly filed and lastly that the costs of this application be provided for.…
Division and case type: CivilCivil Appeal
…That is because on 9th April, 1995, he filed in court a notice of intention to act in person, and on the next day he filed a notice of appeal, though filed out of time, indicating his intention to appeal against the decision…
Division and case type: CivilMiscellaneous Application
…As I have said, it is an application for extension of time to file a Notice of Appeal, a Memorandum of Appeal and a Record of Appeal out of time made under rule 4 of the Rules of this Court.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…compliance with order IX B rule 1(1) where a defendant has appeared, he must be given reasonable notice of a formal proof in order that he may have an opportunity if he so desires either to defend or seek leave to file a defence out…
…of time.…
Division and case type: CivilCivil Appeal
…As I have said, it is an application for extension of time to file a Notice of Appeal, a Memorandum of Appeal and a Record of Appeal out of time made under rule 4 of the Rules of this Court.…
Division and case type: CivilCivil Appeal
…It was also a misrepresentation that the imported sugar was located at Mitchell Cotts, and that it would be in the country on 8th May, 2004 when in fact it arrived out of time on 2nd June, 2004.…
…The learned trial Judge erred in law and in fact in holding that the consignment of sugar arrived “hopelessly out of time” and “reasons for delay were unknown” when no such evidence was presented before him. 5.…