Case law
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Division and case type: CivilMiscellaneous Application
…NAI. 4 OF 1999 BETWEEN GHARIB MOHAMED GHARIB.............................APPLICANT AND SULEKHA MOHAMED NAAMAN.............................RESPONDENT (An application to file appeal out of time in an intended appeal from a…
Division and case type: CivilCase number Civil Application
….………………………..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.…
Division and case type: CivilCivil 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.…
Division and case type: Constitutional and Human RightsPetition
…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.…
…out of time.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCase number Civil Application
…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.…
Division and case type: Constitutional and Human RightsPetition
…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.…
Division and case type: CivilCivil 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.…
Division and case type: CivilCase number Civil Application
…In the first, the applicant Lydia Wanjiru Mwangi seeks an extension of time to lodge the record of appeal out of time.…
…It was then said: “The previous practise of in relation to applications for leave to appeal out of time was for the Court to concentrate on the circumstances of the delay (See Gatti’s case above).…
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: 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: CivilCivil 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…
…That notice of appeal was filed out of time without leave. The applicant then applied for leave for extension of time so as to treat the said notice of appeal as having been filed in time.…
Division and case type: Constitutional and Human RightsPetition
…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.…
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: CivilMiscellaneous Civil Application
…In Karny Zaharya & Another v Shalom Levi CA No. 80 of 2018 Koome JA stated: “In considering whether to grant leave to a litigant to file his or her appeal out of time, the Court will have regard to factors such as: the reasons…
…In the circumstances of this case, I come to the conclusion that the notice of motion dated on 30.10.2020 as to grant of leave for an extension of time to file an appeal out of time be is meritorious.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…In Karny Zaharya & Another v Shalom Levi CA No. 80 of 2018 Koome JA stated: “In considering whether to grant leave to a litigant to file his or her appeal out of time, the Court will have regard to factors such as: the reasons…
…In the circumstances of this case, I come to the conclusion that the notice of motion dated on 30.10.2020 as to grant of leave for an extension of time to file an appeal out of time be is meritorious.…
Division and case type: CivilCivil Appeal
…The applicant is granted leave to file his notice of appeal out of time. This should be lodged within 7 days hereof and the record of appeal shall be filed within 21 days thereafter.…
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
…NAI. 191 OF 1994 BETWEEN FRANCIS MWANZA MULWA.................................APPLICANT AND PAMELA MARY KIKUMU...................................RESPONDENT (Application for extension of time to serve Notice of Appeal out…
…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.…