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…That the Honourable Court be pleased to grant the applicant leave out of time and consequently, the draft Memorandum of Appeal attached herein be deemed to have been properly filed within time. (2).…

…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 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.…

…His argument simply is that the suit has been filed out of time, and is barred by the Limitation of Actions Act.…

…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…

…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.…

…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.…

…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.…