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…NAI. 141 OF 2004 BETWEEN WALTER AWUOTH AYUGI ………………………………………… APPLICANT AND HESBORN SULE OKOTH ………………………………………… RESPONDENT (Application for leave to file and serve notice and record of appeal out of time in an intended appeal…

…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.…

…NO. 320 OF 1991) ******************* R U L I N G This is an application under Rule 4 of the Rules of this Court seeking an extension to file the Notice of Appeal and the Record of Appeal out of time.…

…LTD...........................APPLICANT AND RAYMOND BUURI M'RIMBERIA..............................RESPONDENT (Application for extension of time to file Notice of Appeal and Record of Appeal out of time in an intended appeal…

…Kiarie who appeared for the applicant confessed that it was an error on her part, a mistake, which led to the filing of the appeal out of time. Mrs. Wahome who appears for the respondent accepts that Mrs.…

…LTD...........................APPLICANT AND RAYMOND BUURI M'RIMBERIA..............................RESPONDENT (Application for extension of time to file Notice of Appeal and Record of Appeal out of time in an intended appeal…

…Kiarie who appeared for the applicant confessed that it was an error on her part, a mistake, which led to the filing of the appeal out of time. Mrs. Wahome who appears for the respondent accepts that Mrs.…

…of time in an intended appeal from an order of the High Court of Kenya at Machakos (Osiemo, J.) dated 11th July, 1994 in H.C.C.C.…

…That Notice of Appeal was served on counsel for the respondent on 4th August, 1994 - 13 days out of time.…

…In answer to Kneller JA in that application Mr Wamae, the applicant’s advocate, is recorded as having said, inter alia: “Notice of intended appeal lodged on February 28th, 1983, out of time by 14 days.…

…Thus, it was five days out of time.…

…APPLICANTS AND MADHIR CONSTRUCTION LIMITED ................... 1ST RESPONDENT EQUATOR BOTTLERS LIMITED ...................... 2ND RESPONDENT (Application for extension of time to serve Record of Appeal out of time in an intended…

…NO. 181 OF 2000) ******************* R U L I N G This is an application for extension of time within which to serve a record of appeal out of time. The decision to be appealed from was delivered on February 6, 2001.…

…NAI. 3 OF 1998 BETWEEN CHRISTOPHER NYABAYO NYAMUKO .........................APPLICANT AND REPUBLIC ..............................................................RESPONDENT (Application for leave to appeal out of time from…

…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.…

…NAI. 3 OF 1998 BETWEEN CHRISTOPHER NYABAYO NYAMUKO .........................APPLICANT AND REPUBLIC ..............................................................RESPONDENT (Application for leave to appeal out of time from…

…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.…

…Patel has submitted that the notice of appeal was filed out of time in that the judgment having been delivered on December 3, 1984 the latest date for filing the notice of appeal was December 7, 1984, but it was filed on…

…This is clearly out of time. The applicant has not applied for this time to be extended as a step to be corrected in the appeal.…

…NAI. 11 OF 1999 BETWEEN CALIB KIPROTICH SAWE...................................APPLICANT AND REPUBLIC.............................................RESPONDENT (An application to appeal out of time in the High Court of Kenya…

…at Nakuru (Lady Justice Nambuye) dated 18th day of December, 1998 R U L I N G I hereby grant leave to the applicant, Calib Kiprotich Sawe to lodge his notice of appeal out of time.…

…ABDI..............................................RESPONDENT (Application for extension of time to file and serve Notice of Appeal and Record of Appeal out of time in an intended Ruling & Order of the High Court of Kenya…

…NO. 911 OF 1991) **************** R U L I N G I have before me an application dated 18th November, 1997 whereby the applicant seeks leave to file, out of time, and therefore serve out of time, a notice of appeal and the consequent…

…MUMIAS SUGAR COMPANY LTD .........................RESPONDENT (Being an application for extension of time to serve notice of appeal out of time in an intended appeal from the judgement of the High Court of Kenya at Nairobi…

…Guserwa, Counsel on record for the applicant has applied for leave to withdraw this application on the ground that the Notice of Appeal sought to be served out of time was not filed by the applicant but a different person…

…Patel has submitted that the notice of appeal was filed out of time in that the judgment having been delivered on December 3, 1984 the latest date for filing the notice of appeal was December 7, 1984, but it was filed on…

…This is clearly out of time. The applicant has not applied for this time to be extended as a step to be corrected in the appeal.…

…(as he then was) the learned judge declined to grant the leave as the application was filed out of time.…

…Although that application (as it shows) was filed pursuant to leave granted by Platt J. on 15th February, 1982 yet in third prayer thereof the first respondent was seeking leave to file the notice of motion out of time.…

…Samwel Mose Nyamato, (Civil Appeal No. 96 of 1984), unreported (Nyarangi, Platt & Gachuhi JJ.A.) it was held that the issue of challenge to the granting of leave to file suit out of time can only arise at the trial.…

…In effect his submission on that score was that leave to file suit out of time was improperly granted. The appellant did not however, adduce any evidence on the leave her late husband had obtained to bring the action.…

…THE COURT The respondent has taken out a Notice of Motion under rule 80 of the Court of Appeal Rules seeking an order striking out the appeal filed by the appellant on 7th December, 1995, on the ground that it was filed out…

…of time without the leave of the Court being sought.…

…At any rate that notice was not a valid one, having been filed out of time without any order for extension of time.…

…In the record of that appeal at page 58 is a notice of appeal which is dated 10th day of October, 1984 which was lodged way out of time. There is no evidence of any order for extension of time to file the said notice.…

…At any rate that notice was not a valid one, having been filed out of time without any order for extension of time.…

…In the record of that appeal at page 58 is a notice of appeal which is dated 10th day of October, 1984 which was lodged way out of time. There is no evidence of any order for extension of time to file the said notice.…