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…NO. 99 OF 1996) **************** R U L I N G There is before me a motion on notice under rule 4 of the Rules of this Court (the Rules) seeking an extension of time to file and serve a notice and a record of appeal from the…

…ZAKARIA MUIGAI GAKIBE CIVIL APPEAL NO. 199 OF 1996 (unreported) where, in a suit for specific performance of an alleged contract to purchase land, an application for extension of time within which an application for consent…

…The applicant then applied for leave for extension of time so as to treat the said notice of appeal as having been filed in time.…

…Moreover the notice of appeal, came to be, as lodged in time, after the extension of time granted by Muli J.A. As the order of Muli J.A was not capable of compliance and as there was a genuine error on part of Mrs.…

…RESPONDENT (Application for extension of time to file an appeal out of time from the Judgment of the High Court of Kenya at Nairobi (Justice Aganyanya) dated 17th March, 1998 in H.C.C.C.…

…NO. 160 OF 1998) ************* R U L I N G This application for extension of time to file the notice of appeal and the record of appeal was filed on 27 May, 1999 within a week of Civil Appeal No. 154 of 1998 being struck…

…APPELLANT AND KENYA NATIONAL TRADING CORPORATION .........RESPONDENT (Application for extension of time to file appeal in an intended appeal from a judgment and decree of the High Court of Kenya at Nairobi (Justice Githinji…

…NO. 2867 OF 1989) ********** R U L I N G This is an application under rule 4 of the Court of Appeal Rules for extension of time to file a notice of appeal and an appeal out of time, the first appeal filed by the applicant…

…WARGEN SERVICE STATION LIMITED.......................RESPONDENTS (Application for extension of time to file Record of Appeal in the intended appeal from a Ruling of the High Court of Kenya at Nairobi (Juma, J.) dated 23rd…

…This application for extension of time within which to appeal was not filed until the 22/10/96.…

…NAI.57 OF 1996 (19/96 UR) BETWEEN LESIOLO LIMITED..................APPLICANT AND SAMUEL NGANGA...................RESPONDENT (Application for extension of time in an intended appeal from the ruling of the High Court of Kenya…

…Appeal Rule.=, for extension of time to file a notice of appeal and an appeal, The decision against which Lesiolo Ltd (the applicant) wishes to appeal was given on 9th January, 1991.…

…APPLICANT AND THUO KAMAU DAVID NJUGUNA THUO .................................RESPONDENTS (Application for extension of time to file an appeal from a judgment of the High Court of Kenya at Nairobi (Justice Mbito) dated 6th…

…NO. 627 OF 1987(OS)) ******************** RULING This is an application for extension of time to file an intended appeal against the judgment of the superior court (Mbito J) dated 6th June, 1991.…

…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…

…G On 19th March, 1997, this Court struck out the appeal filed by the applicant, being Civil Appeal No. 14 of 1996, on the ground that the same was filed out of time, without leave of the court having been obtained, for extension…

…NAI. 191 OF 1994 BETWEEN FRANCIS MWANZA MULWA.................................APPLICANT AND PAMELA MARY KIKUMU...................................RESPONDENT (Application for extension of time to serve Notice of Appeal out…

…NO. 23 OF 1990) ************************* RULING In this application, the applicant has sought extension of time within which to serve the Notice of Appeal lodged in the superior court on 15th July, 1994.…

…of time to “lodge” the appeal in that case.…

…A parallel situation as regards the amendment of the rules might be said to have occurred in England in relation to extension of time.…

…of time to “lodge” the appeal in that case.…

…A parallel situation as regards the amendment of the rules might be said to have occurred in England in relation to extension of time.…

…Justice Lakha, for extension of time within which, to start the process of appeal all over again, by filing this notice of appeal and lodging their record of appeal.…

…The second authority in which an application for extension of time to file a record of appeal was dismissed and as relates to the present application, deals with an obvious failure of an advocate to look up the rules and…

…(Application for extension of time to file and serve Notice and Record of Appeal against the Judgment of the High Court of Kenya at Nairobi (Justice Shah) dated 23rd December, 1994 in H.C.C.C.…

…NO. 2560`A' OF 1989 R U L I N G The present application is for the extension of time for the filing of a Notice of Appeal in an intended appeal and the related record of appeal.…

…RESPONDENT (Application for extension of time to file an intended appeal from the Judgment & Decree of the High Court of Kenya at Nairobi (Justice Juma) dated 7th November, 1996 in H.C.C.C.…

…NAI 123 OF 1997 BETWEEN MACHAKOS RANCHING COMPANY LIMITED.................APPLICANT AND WAEMA ITUMO MUOKA...........................................RESPONDENT (Applications for extension of time in intended appeals from a…

…Notices of Appeal, in anticipation of extension of time, were filed on 23rd May, 1997. These applications were filed on 26th May, 1997 which was a Monday. 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…

…G On 19th March, 1997, this Court struck out the appeal filed by the applicant, being Civil Appeal No. 14 of 1996, on the ground that the same was filed out of time, without leave of the court having been obtained, for extension…

…NAI. 40 OF 2002 (KSM.24/2002) ABDALLA OTIENO KITENGO ...............................APPLICANT AND REPUBLIC .......................................................RESPONDENT (An application for extension of time to lodge an…

…LUCY NYAMBURA RITHO .............................. 2ND APPLICANT AND PUBLIC TRUSTEE ................................... 1ST RESPONDENT MONICA MOI RITHO ................................. 2ND RESPONDENT (An application for extension…

…of time to file Notice of 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.…

…It is also well settled that in general the matter which this Court takes into account in deciding whether t o grant an extension of time are first the length of the delay, secondly, the reason for the delay, thirdly (possibly…

…Within this context, this Court has on several occasions, granted extension of time, on the basis that an intended appeal is an arguable one and that it would therefore, be wrong to shut an applicant out of Court and deny…