Case law
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Division and case type: CivilMiscellaneous Civil Application
…The delay in this matter is four months between the trial Court decision and the time an application for an extension of time to apply for permission to appeal against the decree was made.…
…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
…NAI. 29 OF 2000 BETWEEN A-D AVIATION (AIRCHARTER) LIMITED.......................APPLICANT AND INTERNATIONAL AIRBOATS LIMITED..........................RESPONDENT (An application for extension of time to file Notice and Record…
Division and case type: GeneralUnclassified
…LUCY NYAMBURA RITHO .............................. 2ND APPLICANT AND PUBLIC TRUSTEE ................................... 1ST RESPONDENT MONICA MOI RITHO ................................. 2ND RESPONDENT (An application for extension…
…of time to file Notice of Appeal out of time in an intended appeal from a Judgment of the High Court of Kenya at Nairobi (Justice Githinji) dated 25th March, 1996 in H.C.SUCC.C.…
Division and case type: CivilCivil Appeal
…The procedure for obtaining the extension of time for the purpose of section 27 of the Act is set out in Section 28. It is also provided for in Order XXXVI rule 3C of the Civil Procedure Rules.…
…Whether the application was made before or after filing the suit, there is no provision for the defendant to be heard before the order authorising the extension of time is granted because the application is meant to be unopposed…
Division and case type: CivilCase number Civil Application
…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
…NO. 269 OF 1989) O R D E R This is an application under rule 4 of the Rules of this Court for an extension of time to file a notice of appeal.…
Division and case type: CivilCivil Appeal
…Mr Kamau has applied for extension of time so that Notice of Appeal and the Memorandum of Appeal shall be deemed to have been served within time. He has also applied extension to file the order out of time.…
Division and case type: CivilMiscellaneous Application
…ANGARA JUMA WATAMBAMALA (Appeal for extension of time to file notice of appeal in an intended appeal from the judgment of the high court of Kenya at Kakamega (Gicheru, J) dated 8th August, 1983) In HIGH COURT CIVIL CASE NO…
Division and case type: GeneralUnclassified
…COURT This is a reference to full Court against the ruling of the learned single Judge of this Court whereby he exercised his discretion under rule 4 of the Rules of this Court in favour of the respondent and granted him extension…
…of time for lodging the Notice of Appeal and the record of appeal.…
Division and case type: CivilCivil Appeal
…It is an application by Kaplan & Stratton, Advocates, for extension of time for lodging a Notice of Appeal and Memorandum and Record of Appeal.…
…The present application by way of a Notice of Motion was filed by the applicant on 25th April, 2000 seeking extension of time for lodging a fresh Notice of Appeal and Memorandum and Record of Appeal (substantive application…
Division and case type: CivilMiscellaneous Application
…It is an application by Kaplan & Stratton, Advocates, for extension of time for lodging a Notice of Appeal and Memorandum and Record of Appeal.…
…The present application by way of a Notice of Motion was filed by the applicant on 25th April, 2000 seeking extension of time for lodging a fresh Notice of Appeal and Memorandum and Record of Appeal (substantive application…
Division and case type: CivilCivil Appeal
…KENYA TRANSIT AND TRADING COMPANY LIMITED ....3RD RESPONDENT (An application for extension of time to serve Notice of Appeal from the judgment of the High Court of Kenya at Mombasa (Hon. Mr. Justice M.…
Division and case type: GeneralUnclassified
…If the law were otherwise, a party in breach would have an unqualified right to an extension of time which would defeat the purpose of the rules which is to provide a time table for the conduct of litigation."…
Division and case type: CivilCivil Appeal
…The applicant has obtained extension of time to lodge a new appeal and has filed a fresh notice of appeal on the basis of which it has now made the present application.…
Division and case type: CivilCivil Appeal
…to include a copy of the plaint in the record of the appeal due to an oversight (in that case Mr Kwach’s oversight), was held not to constitute “sufficient reason” within the term of Rule 4, so as to grant the necessary extension…
…of time to enable the document to be brought on record, and that appeal was struck out.…
Division and case type: CivilCivil Appeal
…to include a copy of the plaint in the record of the appeal due to an oversight (in that case Mr Kwach’s oversight), was held not to constitute “sufficient reason” within the term of Rule 4, so as to grant the necessary extension…
…of time to enable the document to be brought on record, and that appeal was struck out.…
Division and case type: CivilMiscellaneous Application
…Furthermore, nothing has been done to reconstitute the file as, we are informed, was sought in February, 1983, and the respondent has not even filed a concurrent application for an extension of time to institute the appeal…
Division and case type: CivilCivil Suit
…Furthermore, nothing has been done to reconstitute the file as, we are informed, was sought in February, 1983, and the respondent has not even filed a concurrent application for an extension of time to institute the appeal…
Division and case type: CivilCase number Civil Application
…JOHN KINUTHIA (Application for extension of time to file the record of appeal from a judgment of the High Court of Kenya at Nairobi (Sachdeva, J) dated December, 1985 IN H C Probate Admin Case No 885 of 1984 _____________…
Division and case type: GeneralCase
…I think that in these circumstances, and though I personally have very little sympathy for the applicant, taking into account the endless nature of this litigation, I should allow his motion for extension of time.…