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…Samwel Mose Nyamato, (Civil Appeal No. 96 of 1984), unreported (Nyarangi, Platt & Gachuhi JJ.A.) it was held that the issue of challenge to the granting of leave to file suit out of time can only arise at the trial.…

…In effect his submission on that score was that leave to file suit out of time was improperly granted. The appellant did not however, adduce any evidence on the leave her late husband had obtained to bring the action.…

…THE COURT The respondent has taken out a Notice of Motion under rule 80 of the Court of Appeal Rules seeking an order striking out the appeal filed by the appellant on 7th December, 1995, on the ground that it was filed out…

…of time without the leave of the Court being sought.…

…At any rate that notice was not a valid one, having been filed out of time without any order for extension of time.…

…In the record of that appeal at page 58 is a notice of appeal which is dated 10th day of October, 1984 which was lodged way out of time. There is no evidence of any order for extension of time to file the said notice.…

…At any rate that notice was not a valid one, having been filed out of time without any order for extension of time.…

…In the record of that appeal at page 58 is a notice of appeal which is dated 10th day of October, 1984 which was lodged way out of time. There is no evidence of any order for extension of time to file the said notice.…

…RESPONDENT (Application for leave to file and serve Notice of Appeal out of time in an intended appeal from the Judgment of the High Court of Kenya at Nairobi (Lady Justice Ang’awa) dated 22nd May, 2003 in H.C.C.C.…

…He pointed out by the time he received instructions he was already out of time as he received instructions on 13th June 2003 while the judgment to be appealed from was delivered on 22nd May, 2003 .…

…this court and section 5(d) of the Court of Appeal Rules (but we think the Appellate Jurisdiction Act was intended) he asks this court to strike out the above appeal on the ground that, besides it having been instituted out…

…of time, it is frivolous, vexatious and that it was brought for the purposes of delaying the expeditious disposal of his suit before the superior court, to wit Nairobi High Court Civil Case No. 2725 of 1994, which is still…

…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.…

…NO. 379 OF 1986) ************* R U L I N G This is an application under rule 4 of the Rules of this Court for an extension of time to file a notice of appeal and a record of appeal out of time.…

…THE COURT The respondent has taken out a Notice of Motion under rule 80 of the Court of Appeal Rules seeking an order striking out the appeal filed by the appellant on 7th December, 1995, on the ground that it was filed out…

…of time without the leave of the Court being sought.…

…NO. 911 OF 1991) *********************** R U L I N G This is an application for leave to file Notice of appeal out of time. (Rule 4). Ruling about which the Notice of appeal relates was delivered on 17th February, 1993.…

…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.…

…The applicant has fully explained the circumstances which led to the notice of appeal being filed out of time. I do not understand Mrs Nyakundi to be saying that the explanation given is false.…

…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…

…MUNGAI..............................................................................................RESPONDENT (Application for leave to appeal out of time in an intended appeal from the judgment and decree of the High Court…

…MUNGAI..............................................................................................RESPONDENT (Application for leave to appeal out of time in an intended appeal from the judgment and decree of the High Court…

…In paragraph 3 of the replying affidavit Mr Wanyonyi swears on behalf of the defendant that:- “That, the defendant hereof (sic) has filed an application for reference to be filed out of time and the said application has not…

…What appears to be pending before the Tribunal is an application by way of notice of motion under sections 6(1) and 9(3) of the Act for leave to file a reference to the Tribunal out of time.…

…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…

…There are now three prayers before the court: 1) Leave to serve the notice of appeal dated September 24, 1986 (not September 29, 1986 as it is written as may be seen from the notice CNK 2) out of time on the plaintiff. 2)…

…Leave to lodge a notice of appeal against the assessment of damages dated March 24, 1987. 3) In the case of both notices leave to lodge the record of appeal out of time.…

…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.…