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…The Claimant filed application dated 8th March, 2023 seeking leave to file appeal out of prescribed time. 2.…

…The Claimant being dissatisfied with that decision wished to be granted leave to prefer an appeal to this court out of time on the grounds that he was not aware of the judgment and was not notified of the date of delivery…

…That the Appellant/Applicant be granted leave to appeal out of time against the whole judgment of Hon. C. Menya dated 18th March 2022, ELRC NO.91 of 2020. v.…

…I have perused the application, the rival affidavits as well as the submissions of the parties and I find that the only issue for determination is whether sufficient cause has been made by the applicant for leave to file…

…The guiding principle on whether or not to grant an application for leave to appeal out of time is that the intended appellant must satisfy the Court that he or she has sufficient cause for not filing the appeal in time.…

…The foregoing facts are satisfactory enough to persuade the Court to grant the Applicant leave to file an appeal out of time. The delay is not inordinate and has been reasonably explained.…

…In essence, the Appellant ultimately seeks leave to appeal.…

…In the ruling under consideration, it is clear that the trial magistrate failed to consider whether or not to grant leave to appeal.…

…The Applicant has filed its Notice of Appeal and now seeks leave to appeal against the Ruling.…

…to appeal.…

…There are two main issues for determination being that of stay of execution as well as leave to appeal.…

…As regards leave to appeal, the decision whether or not to grant leave to appeal is discretionary as was stated by the Court of Appeal in Kenya Shell Limited vs. Kobil Petroleum Limited [2006] eKLR.…

…In conclusion, the Court grants the Applicant leave to appeal out of time and that the draft memorandum of appeal attached to the application hereto be deemed duly filed upon payment of the requisite Court fees and further…

…The 1st Respondent adds that in the event the leave to appeal is granted, it would restore confidence and repute in the process of administration of justice. 4.…

…Despite the finality clause in the SCCA, the 1st Respondent has argued that the High Court has jurisdiction to grant it leave to file an appeal to the Court of Appeal.…

…The application dated 07.03.2023 is amended to include a prayer for leave to appeal out of time as the same have been invoked by citing the appropriate and applicable provisions of the law.…

…I therefore grant leave to appeal out of time and order that the Appeal shall be filed and served within 14 days. The Respondent shall pay Kshs. 15,000.00 costs within 14 days.…

…The application dated 12.05.2023 seeks leave to appeal against the decision delivered on 02.05.2023 and for directions on payment of auctioneers charges.…

…I grant the Respondent leave to appeal against the decision of 02.05.2023. Since the issue of auctioneers costs is affected by the intended appeal, it shall be dealt with upon determination of the intended appeal.…

…There are two main issues for determination being that of stay as well as leave to appeal.…

…As regards leave to appeal, the decision whether or not to grant leave to appeal is discretionary as was stated by the Court of Appeal in Kenya Shell Limited vs. Kobil Petroleum Limited [2006] eKLR.…

…In essence, the Applicant is seeking leave to appeal as there is no automatic right of Appeal in succession matters to the Court of Appeal.…

…The Applicant submits that she is entitled to exercise her constitutional right of appeal and that denying her leave to appeal would be tantamount to violating her right to access to justice as enshrined under Article 48…

…the application dated 4th October 2019 by the 1st Interested Party, M-Oriental Bank (“the Bank”), which seeks two main orders: first, a stay of execution of the Orders of Tuiyott J, made on 24th September 2019 and second, leave…

…to appeal therefrom. 2.…

…Advocates to come on record for the applicant and for the notice of appointment of advocates be deemed as properly on record. b) THAT the applicant be granted leave to appeal out of time against the ruling and order delivered…

…Advocates to come on record for the applicant. b) Whether the applicant should be granted leave to appeal out of time. Analysis and determination 11.…

…In case of matters requiring leave to appeal. Section 75(1) of the civil procedure act provides as doth: - “75.…

…Applicant should seek leave to appeal lie from any other order with the leave of the court making such order. If the leave is declined, then and only then will this court be moved.…

…In the case of Stephen Omondi Juma v Sprocer Awuor Rabote [2022] eKLR, the court stated as doth: - “The appellant/applicant, from the exposition above, ought to have sought and obtained leave to appeal from the impugned order…

…Absence of leave to appeal as explained above renders not only the application dated 21/3/2022 impotent, but deprives this Court the jurisdiction to hear and determine this appeal on its merits.…

…In case of matters requiring leave to appeal. Section 75(1) of the civil procedure act provides as doth: - “75.…

…Applicant should seek leave to appeal lie from any other order with the leave of the court making such order. If the leave is declined, then and only then will this court be moved.…

…MAJANJA JUDGE ORDER I decline to grant leave to appeal as there is no prospect of success of the proposed appeal given that the ruling is in the nature of directions.…

…The Appellants then applied for leave to appeal against the decision but the application was also declined on 17 March 2023. 3.…

…On 8 June 2023, this Court granted the Appellants leave to appeal and further directed them to deposit the decretal sum into Court 4.…