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…In addition, he prays that the Court grants him leave to file the intended appeal out of time. 2.…

…The first issue for determination is whether the Applicant has established a sufficient basis for leave to file the appeal out of time under Section 79G of the Civil Procedure Act.…

…The applicants seek a stay of execution order, pending the hearing and determination of the intended appeal, alongside leave to file the appeal out of time. 2.…

…The first issue for determination is whether the court ought to grant leave to the plaintiffs to file their appeal out of time. 7.…

…THAT the Record of Appeal dated 21st March 2023 and lodged in Court on 25th March 2023 be struck out for being filed and served out of time, contrary to the express orders of this Honourable Court (Mabeya J) made on 20th…

…Mabeya granted leave to file the record out of time on 20th January 2023. 5.…

…I now move to the substantive prayer for leave to file the appeal out of time.…

…It is clear from statute that the test for admitting an appeal out of time is a good and sufficient reason being laid before the Court.…

…The applicant seeks enlargement of time to file her appeal out of time. She also seeks to have the memorandum of appeal dated 16/7/2024 deemed to be properly on record. 2.…

…The main issue for determination is whether the court should exercise its discretion to grant the appellant leave to file his appeal out of time.…

…The appellant filed an application dated 29th November 2022 seeking amongst others, stay of execution of the ruling of the Tax Appeals Tribunal of 11th November 2020 and for leave to file its appeal out of time.…

…The other prayers are substantive prayers which therefore requires that I deal with the prayer for leave to appeal out of time before I can deal with the substance of the appeal.…

…Accordingly, the application dated 6/8/2021 is dismissed with costs having been filed out of time without leave of the court. The application dated 19/7/2021: 7.…

…Whether the court should grant an extension of time to file the reference out of time ii. Whether the reference application should be allowed. 15.…

…Leave to file a reference out of time against the decision of the Taxing Officer delivered on 12th June 2024. 2.…

…As regards the prayer for leave to file a reference out of time, I note that the decree holder does not oppose this prayer.…

…of time.…

…of time. 4.…

…THAT the Honourable Tribunal erred in law and fact determining that the Appellant’s Objection Decision issued on 18th March 2022 was out of time whereas the same was in compliance with the provisions of Section 51(11) of…

…of time. 10.…

…I have considered the application dated 8th May 2025 which seeks to stay the execution of an interlocutory judgment entered on 15th July 2024 and for leave to file an appeal out of time against the said decision. 2.…

…Leave is granted to the applicant to file an appeal out of time against the Ruling delivered on 28th January 2025 in Milimani Commercial Suit No.…

…Specifically, the court dismissed the applicant’s preliminary objection on the basis that the appellant had, on 20th January 2023, made an oral application for leave to appeal out of time, and that Hon.…

…The respondent further avers that during the proceedings held on 20th January 2023, his counsel made an oral application for leave to file the appeal out of time, which was duly granted by Hon.…

…Obura - SPM in Nairobi in Chief Magistrates Civil Case No. 1631 of 2017, out of time and for stay of proceedings in the said matter pending hearing and determination of this Application. 2.…

…The applicants further submit that none of the parties will be prejudiced by this Court granting leave to file the Memorandum of Appeal out of time and the stay orders. 8.…

…days out of time. 4.…

…Its finding, rather, was that the pleading, having been filed out of time and without leave, fell to be treated in law as though it had never been filed at all. 19.…

…Before the court is the application dated 18th May 2023 seeking leave to file an appeal out of time, against the judgment of the Senior Resident Magistrate’s Court delivered on 31st March 2023.…

…It is this application that was subject of the impugned ruling of 31st March 2023 that has necessitated this application for expansion of time to file an appeal out of time.…

…The respondent argues that the appeal is incurably defective in law having been filed out of time and without leave of this honourable court.…

…This Court notes that section 79G has a saving limb in which the court may admit an appeal out of time if the appellant is able to satisfy the court that there are good reasons for not filing the appeal in time. 6.…

…The respondent argues that the appeal is incurably defective in law having been filed out of time and without leave of this honourable court.…

…This Court notes that section 79G has a saving limb in which the court may admit an appeal out of time if the appellant is able to satisfy the court that there are good reasons for not filing the appeal in time. 6.…

…That the Applicant be granted leave to appeal out of time against the ruling delivered on the 15th of August 2024 in Small Claims Court Case No. E3722 of 2024. iii.…

…It is their case that the application for leave to appeal out of time is being made only one day late outside the stipulated mandatory period, with the court’s ruling having been delivered on 15th August 2024 and this application…

…I have considered the application dated 2nd July 2025 which seeks leave to file an appeal out of time against the judgment of Hon.…

…The proviso allows admission of an appeal out of time if the appellant satisfies the Court that he had good and sufficient cause for not filing the appeal within time. 3.…

…of time. 2.…

…Whether the prayer for extension of time to file the appeal out of time is merited 9.…