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…) BETWEEN EDWARD RIITHO HEZRON KAMAU WAWERU JOHN NDUNGU MBUGUA ....................................APPLICANTS AND MUCHOHI GIKONYO .......................................RESPONDENT (Application for leave to file a Record of…

…Appeal out of time from a Judgment of the High Court (Lady Justice Aluoch) dated 28th June, 1990 in H.C.C.C.…

…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.…

…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.…

…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.…

…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.…

…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…

…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…

…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.…

…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.…

…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.…

…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.…

…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.…

…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).…

…Patel’s order out of time. That step has not been taken.…

…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.…

…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…

…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.…

…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.…

…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.…