“"extension of time"” — court decisions

Judgment[1997] KECA 2203 August 1997

Abercrombie & Kent Limited & another v Oloololo Game Ranch Limited

Court of Appeal at NairobiJUDGE APPEALCase number Civil Application 83 of 1997

Division and case type: CivilCase number Civil Application

…NO. 3457 OF 1995) ****************** RULING: In this application, the applicants have sought extension of time within which to lodge the notice and the record of appeal.…

…The application for extension of time within which to lodge the notice and the record of appeal is therefore dismissed with costs to the respondent. Dated and delivered at Nairobi this 4th day of August, 1997. J.E.…

2 min read

Judgment[1988] KECA 13527 January 1988

Lydia Wanjiru Mwangi v Rajnikant Joshi

Court of Appeal at MombasaJUDGE APPEALCase number Civil Application 143 of 1987

Division and case type: CivilCase number Civil Application

…In the first, the applicant Lydia Wanjiru Mwangi seeks an extension of time to lodge the record of appeal out of time.…

…Mr Gikandi then found his mistake and applied for extension of time on September 14, 1987. He had taken 67 days and in another sense he was 7 days late. Mr Gikandi takes full responsibility for the lapse.…

3 min read

Judgment[1996] KECA 27 November 1996

Republic v Peter Kaleli Mulwa

Court of Appeal at NairobiJUDGE APPEALCase number Criminal Application 8 of 1996

Division and case type: CriminalCase number Criminal Application

…NAI 8 OF 1996 BETWEEN REPUBLIC.............................................................APPELLANT AND PETER KALELI MULWA..................................RESPONDENT (Application for extension of time to file a Notice of…

…When the applicant's application for the extension of time which had been filed in this Court on 22nd October, 1996 came up for hearing before the single judge of this Court, Bosire, Ag.…

5 min read

Judgment[1986] KECA 5928 September 1986

Joshua Chege Wanyoike v James Thiga Mukuro

Court of Appeal at NairobiJUDGE APPEAL,PatelCase number Civil Miscellaneous Application 55 of 1984

Division and case type: CivilMiscellaneous Application

….…………… RESPONDENT (Application for extension of time to serve the record of appeal and the appeal be admitted of time at the High Court of Kenya at Nakuru ( Masime J ) dated December 3, 1983 In High Court Civil Case No 235…

…Instead, the application before me is for extension of time within which to file the record of appeal. Even for that application, no reasons have been stated as to the cause of delay.…

1 min read

Judgment[1999] KECA 13924 October 1999

MACHARIA KARUGU I v CHEGE MACHARIA

Court of Appeal at NairobiGithinji,JUDGE APPEAL,Mwihia

Division and case type: GeneralUnclassified

…KENYA IN THE COURTSOF APPEAL AT NAIROBI civil misc appl 211 of 98 MACHARIA KARUGU I ......................................APPLICANT AND CHEGE MACHARIA .........................................RESPONDENT (Application for extension…

…of time to file Notice and Record of Appeal from the Judgment of the High Court of Kenya at Nairobi (Justice Githinji) dated 13th October, 1997 in H.C.C.C.…

application is dismissed

Judgment[1996] KECA 13922 December 1996

Republic v Peter Kaleli Mulwa

Court of Appeal at NairobiJUDGE APPEAL,Bwonwong,OpiyoCase number Criminal Application 8 of 1996

Division and case type: CriminalCriminal Appeal

…When the applicant's application for the extension of time which had been filed in this Court on 22nd October, 1996 came up for hearing before the single judge of this Court, Bosire, Ag.…

Judgment[1986] KECA 5828 September 1986

JOSHUA CHEGE WANYOIKE v JAMES THIGA MUKURO

Court of Appeal at NairobiJUDGE APPEAL,PatelCase number Civil Suit 136 of 1986

Division and case type: CivilCivil Suit

…Instead, the application before me is for extension of time within which to file the record of appeal. Even for that application, no reasons have been stated as to the cause of delay.…

1 min read

Judgment[2002] KECA 31019 September 2002

Abraham Tenoi Kimala v Job Kipsang Suter

Court of Appeal at NakuruJUDGE APPEALCase number Civil Application 51 of 2001

Division and case type: CivilCivil Appeal

…OF THE COURT This is a reference from the ruling of a learned single judge of this Court delivered on 25th September, 2001, whereby, in exercise of his powers under rule 4 of our rules, he refused to grant the applicant extension…

…of time within which to file a notice of appeal in an intended appeal by the applicant.…

application failsDismissed3 min read

Judgment[2009] KECA 2515 December 2009

CFC Financial Services Limited v Juja Road Fancy Store Limited

Court of Appeal at NairobiKhaminwa,Joyce N. Khaminwa,JUDGE APPEAL,Majanja,MwanikiCase number Civil Application 323 of 2009

Division and case type: CivilCase number Civil Application

…APPEAL IN KENYA AT NAIROBI CIVIL APPLICATION 323 OF 2009 CFC FINANCIAL SERVICES LIMITED................................APPLICANT AND JUJA ROAD FANCY STORE LIMITED............................RESPONDENT (An application for extension…

…of time within which to lodge the record of appeal from the ruling and order of the High Court of Kenya at Nairobi (Hon.…

Judgment[1984] KEHC 4316 July 1984

CLEMENT WAMUNYAMA v WAFULA NABIRIKI

High Court at KakamegaGICHERU,judge dismissed Wamunyama,JUDGE APPEALCase number Civil Appeal 14 of 1981

Division and case type: CivilCivil Appeal

………………………………RESPONDENT (Application for extension of time to file an intended appeal from the Judgment and decree of the High Court of Kenya at Kakamega (Gicheru, J) dated December 24, 1982 In Civil Appeal 14 of 1981) ____…

application is grantedAllowed6 min read

Judgment[1986] KECA 829 January 1986

ATTORNEY GENERAL v GEOFREY NDUNGU THEURI

Court of Appeal at NairobiJUDGE APPEALCase number Civil Application 51 of 1985

Division and case type: CivilCase number Civil Application

…RESPONDENT (Application for extension of time to file the notice of the intended appeal from an order of the High Court of Kenya at Nairobi (O’kubasu and Abdullah, JJ ) dated May 20, 1985 In Misc Application 72 of 1984 )…

5 min read

Judgment[1997] KECA 31025 November 1997

DAVID KONGO v NJOROGE NJUGUNA

Court of Appeal at NairobiNyarangi,JUDGE APPEAL,KimaniCase number Civil Application 372 of 1996

Division and case type: CivilCivil Case

…RESPONDENT (Being an application for extension of time to file an appeal from the judgment of the High Court of Kenya at Nairobi (Mr Justice Nyarangi) dated 18th October, 1979, in H.C.C.C.…

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

appeal is struck out

Judgment[1994] KECA 6415 September 1994

DAVID KONGO v NJOROGE NJUGUNA

Court of Appeal at NairobiNyarangi,JUDGE APPEAL,KimaniCivil Appeal No. 79 of 1985

Division and case type: CivilCivil Appeal

…RESPONDENT (Being an application for extension of time to file an appeal from the judgment of the High Court of Kenya at Nairobi (Mr Justice Nyarangi) dated 18th October, 1979, in H.C.C.C.…

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

5 min read

Judgment[1997] KECA 53 June 1997

DAVID KONGO v NJOROGE NJUGUNA

Court of Appeal at NairobiNyarangi,JUDGE APPEALCase number Civil Application 372 of 1996

Division and case type: CivilCase number Civil Application

…of time to file an appeal.…

…Tunoi, JA had held that “as far as the issue of extension of time to lodge appeal out of time is concerned”, he was bound by an earlier ruling in a reference to the full bench of this court dated 2nd October, 1996, which…

3 min read

Judgment[1996] KECA 2175 August 1996

Wilson Osolo v John Ojiambo Ochola & another

Court of Appeal at NairobiOkubasu,JUDGE APPEAL,Zackary Orwa,George,Ochola Niare,Niare,OderaCase number Civil Appeal 6 of 1995

Division and case type: CivilCivil Appeal

…Miscellaneous Civil Case No. 35 of 1983) applied for extension of time to file the application for such leave. That application was heard ex-parte by Platt J. (as he then was) and was granted.…

…There is no provision for extension of time to apply for such leave in the Limitations of Actions Act (Cap 22, Laws of Kenya) which gives some limited right for extension of time to file suits after expiry of a Limitation…

Judgment[2001] KECA 19322 November 2001

Edwin Otieno Ocholla & 2 others v Madhir Construction Limited & another

Court of Appeal at KisumuJUDGE APPEALCase number Civil Appeal (Application) 163 of 2001

Division and case type: CivilCivil Appeal

…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.…

1 min read

Judgment[1996] KECA 171 August 1996

Kithaka Nthakanio v Thathi Nthakanio

Court of Appeal at NairobiJUDGE APPEALCase number Civil Application 329 of 1995

Division and case type: CivilCase number Civil Application

…He, however, did not seek extension of time within which to lodge the Notice of Appeal the original of which was struck out with his original appeal to this Court.…

…On 17th May, 1996 he sought and obtained leave of this Court to amend his Notice of Motion so as to include a prayer for extension of time within which to lodge the requisite Notice of Appeal.…

3 min read

Judgment[1999] KECA 81 February 1999

MUNGAI MUNA v ESMAEL N. MUNGAI

Court of Appeal at NairobiJUDGE APPEALCase number Civil Application 32 of 1998

Division and case type: CivilCase number Civil Application

…NO. 2770 OF 1981) ***************** RULING: In this application, the applicant has sought extension of time within which to lodge his intended appeal to this Court.…

…His present application does not seek extension of time within which to lodge the notice of appeal.…

2 min read

Judgment[1999] KECA 1001 February 1999

MUNGAI MUNA v ESMAEL N. MUNGAI

Court of Appeal at NairobiJUDGE APPEALCase number Civil Miscellaneous Application 32 of 1998

Division and case type: CivilMiscellaneous Application

…NO. 2770 OF 1981) ***************** RULING: In this application, the applicant has sought extension of time within which to lodge his intended appeal to this Court.…

…His present application does not seek extension of time within which to lodge the notice of appeal.…

2 min read

Judgment[1999] KECA 14113 October 1999

FRANCIS KIHONGE NG'ANG'A v KENYA COMMERCIAL FINANCE COMPANY LIMITED

Court of Appeal at NairobiOle,JUDGE APPEAL,Ngugi

Division and case type: GeneralUnclassified

…NAI. 208 OF 1998 BETWEEN FRANCIS KIHONGE NG'ANG'A ............................APPLICANT AND KENYA COMMERCIAL FINANCE COMPANY LIMITED .............RESPONDENT (Application for extension of time from a Ruling of the High Court…

…NO. 1064 OF 1996) *************** R U L I N G This is an application under rule 4 of the Rules of this Court seeking an extension of time for the filing of the record of appeal from the ruling of the superior court given…