Case law
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Division and case type: CivilCivil Appeal
…NAI. 29 OF 2000 BETWEEN A-D AVIATION (AIRCHARTER) LIMITED.......................APPLICANT AND INTERNATIONAL AIRBOATS LIMITED..........................RESPONDENT (An application for extension of time to file Notice and Record…
Division and case type: GeneralUnclassified
…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.…
Division and case type: CivilCivil Appeal
…The procedure for obtaining the extension of time for the purpose of section 27 of the Act is set out in Section 28. It is also provided for in Order XXXVI rule 3C of the Civil Procedure Rules.…
…Whether the application was made before or after filing the suit, there is no provision for the defendant to be heard before the order authorising the extension of time is granted because the application is meant to be unopposed…
Division and case type: CivilCivil Appeal
…NO. 269 OF 1989) O R D E R This is an application under rule 4 of the Rules of this Court for an extension of time to file a notice of appeal.…
Division and case type: CivilMiscellaneous Application
…ANGARA JUMA WATAMBAMALA (Appeal for extension of time to file notice of appeal in an intended appeal from the judgment of the high court of Kenya at Kakamega (Gicheru, J) dated 8th August, 1983) In HIGH COURT CIVIL CASE NO…
Division and case type: Environment and LandLand Case
…JAMES GICHURU DEDAN GACHUMI......................APPLICANTS AND GEOFFREY MBUGUA DEDAN....................................RESPONDENT R U L I N G This is an application brought under Rule 4 for the extension of time for the…
Division and case type: CivilCivil Appeal
…It is an application by Kaplan & Stratton, Advocates, for extension of time for lodging a Notice of Appeal and Memorandum and Record of Appeal.…
…The present application by way of a Notice of Motion was filed by the applicant on 25th April, 2000 seeking extension of time for lodging a fresh Notice of Appeal and Memorandum and Record of Appeal (substantive application…
Division and case type: CivilMiscellaneous Application
…It is an application by Kaplan & Stratton, Advocates, for extension of time for lodging a Notice of Appeal and Memorandum and Record of Appeal.…
…The present application by way of a Notice of Motion was filed by the applicant on 25th April, 2000 seeking extension of time for lodging a fresh Notice of Appeal and Memorandum and Record of Appeal (substantive application…
Division and case type: CivilCivil Appeal
…KENYA TRANSIT AND TRADING COMPANY LIMITED ....3RD RESPONDENT (An application for extension of time to serve Notice of Appeal from the judgment of the High Court of Kenya at Mombasa (Hon. Mr. Justice M.…
Division and case type: GeneralUnclassified
…If the law were otherwise, a party in breach would have an unqualified right to an extension of time which would defeat the purpose of the rules which is to provide a time table for the conduct of litigation."…
Division and case type: CivilCivil Appeal
…The applicant has obtained extension of time to lodge a new appeal and has filed a fresh notice of appeal on the basis of which it has now made the present application.…
Division and case type: CivilCivil Appeal
…to include a copy of the plaint in the record of the appeal due to an oversight (in that case Mr Kwach’s oversight), was held not to constitute “sufficient reason” within the term of Rule 4, so as to grant the necessary extension…
…of time to enable the document to be brought on record, and that appeal was struck out.…
Division and case type: CivilCivil Appeal
…to include a copy of the plaint in the record of the appeal due to an oversight (in that case Mr Kwach’s oversight), was held not to constitute “sufficient reason” within the term of Rule 4, so as to grant the necessary extension…
…of time to enable the document to be brought on record, and that appeal was struck out.…
Division and case type: CivilMiscellaneous Application
…Furthermore, nothing has been done to reconstitute the file as, we are informed, was sought in February, 1983, and the respondent has not even filed a concurrent application for an extension of time to institute the appeal…
Division and case type: CivilCivil Suit
…Furthermore, nothing has been done to reconstitute the file as, we are informed, was sought in February, 1983, and the respondent has not even filed a concurrent application for an extension of time to institute the appeal…
Division and case type: CivilCase number Civil Application
…JOHN KINUTHIA (Application for extension of time to file the record of appeal from a judgment of the High Court of Kenya at Nairobi (Sachdeva, J) dated December, 1985 IN H C Probate Admin Case No 885 of 1984 _____________…
Division and case type: Environment and LandLand Case
…As we see it, it is at least arguable that, because the respondent sought extension of time to pay the balance of the sum bid by it, it sought variation of the terms of the contract. What was agreed between Mr.…
Division and case type: CivilCivil Suit
…of time had been made.…
…has no power in law to delegate a duty imposed on him by the Court. iii.The purported delegation would be ultra vires the order of the court. iv.The award to be filed and be read on 30th September, 1982. v.There was no extension…
Division and case type: CivilCivil Appeal
…Mr Gatonye summed up that the appellant was ready and willing to give extension of time although purchasers did not ask for it.…
…Be that as it may, the position as on the completion date and a further 5 days extension of time was that the respondents had not obtained the balance of the purchase price and there was no mortgage or professional undertaking…
Division and case type: CivilCivil Appeal
…This was not done and the appellant sought leave of the superior court for extension of the time to enable him to file the intended suit out of time.…
…While it is clear that applications for leave of the superior court for extension of time under section 27 and 28 of the Act should be made ex parte, it is not so clear as to whether an appeal from the decision of the superior…