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…Whether the Applicant has met the prerequisites for the grant of leave to appeal out of time. b.…

…From the foregoing, I am not persuaded that the Applicant has met the prerequisites for leave to appeal out of time. 20.…

…The 2nd application is by the respondent dated 6th April 2023 which seeks leave of this court to file a notice of appeal out of time.…

…The application before me asks that the applicant be granted leave to file a notice of appeal out of time.…

…The Appellant filed a Notice of Motion seeking, inter alia, a stay of execution pending the hearing and determination of the intended appeal, and leave to file the appeal out of time. 2.…

…Whether leave to appeal out of time should be granted;iv. Appropriate orders in the circumstances. Determination (a) Preliminary Objection 4.…

…The Applicant seeks leave to file an appeal out of time against the judgment of the Insurance Appeals Tribunal delivered on 08th March., 2024.…

…He subsequently filed the instant application for leave to appeal out of time on 25th October, 2024. 7.…

…of time, which would presuppose that a party, approaching the court, under section 79G of the Civil Procedure Act, should first file an appeal out of time, and then ask the court to admit that appeal.…

…The applicants have not filed an appeal out of time, which it would be asking me to admit out of time.…

…of time, which would presuppose that a party, approaching the court, under section 79G of the Civil Procedure Act, should first file an appeal out of time, and then ask the court to admit that appeal.…

…The applicants have not filed an appeal out of time, which it would be asking me to admit out of time.…

…The court noted that that provision does not provide for leave to appeal out of time, but rather for admission of appeals out of time, which would presuppose that, a party approaching the court, under section 79G of the Civil…

…Procedure Act, should first file an appeal out of time, and then ask the court to admit that appeal out of time.…

…It is also contended that there is no appeal on record capable of being admitted out of time. 6.…

…This, the Court cannot do. [54] To file an appeal out of time and seek the Court to extend time is presumptive and in-appropriate. No appeal can be filed out of time without leave of the Court.…

…On an Application to file out of time or do anything out of time, a court has to consider the following: a) The direction of the delay; b) The reasons given for the delay; c) The prejudice that the adversary is likely to…

…suffer if the leave were granted; and d) That the power to extend or enlarge time or to allow a party to file out of time, is a discretionary one. 10.…

…The applicant seeks to have the time to file the appeal enlarged, by this Court granting him leave to file an appeal out of time and to stay the execution of the judgment and/or the decree delivered on 19th May 2025. 2.…

…The applicant seeks leave to appeal out of time. He also seeks a stay. In my view stay application can only be sought where there is an existing appeal. There is none in this case. 6.…

…Monari, the appeal was mistakenly dismissed for the reason that it had been filed out of time yet the applicant had been granted leave to file the appeal out of time.…

…E099 of 2023 shows that by an application dated 28 March 2023, the applicant sought for and successfully obtained leave to file the appeal in question out of time. 7.…

…Kenya Airways Limited (2003) eKLR in which the elements to consider in granting leave to appeal out of time were restated.…

…of time within a period of 14 days.…

…That in the first place, the issue of leave to file the appeal out of time was not before the court and as such the court had no basis on deciding to grant leave to file the suit out of time. 5.…

…The issue for grant of leave to file suit out of time was not before the trial court when the trial magistrate purported to grant leave for the matter to be heard out of time. The court had to be moved accordingly.…

…J.O Magori on 7 th March 2024 in Limuru MCCC/E112 of 2020 out of time. 2.…

…of time.…

…She urged that since leave to appeal out of time is granted through the court’s discretion, the court should not deny her a chance to ventilate her case on appeal.…

…The court may grant leave to appeal out of time if there is a satisfactory explanation for the delay if the same is inordinate.…

…In my view, the prayer seeking leave to file an appeal out of time against the judgment of 7 th October 2025 is misconceived.…

…He should only seek leave to file appeal out of time on the dismissal of the review application. The prayer seeking to file appeal out of time against the judgment of 7 th October 2025 is dismissed. 15.…

…Further that the Respondent never sought leave to file appeal out of time. 14.…

…Whether the Applicant should be granted leave to appeal out of time. b. What orders should this court issue. Whether the Applicant should be granted leave to appeal out of time 21.…

…Whether there are good and sufficient grounds for not filling the appeal out of time .…

…of time.”…

…It was urged in the said preliminary objection that the appeal was filed out of time, without leave, and the same offended section 79G of the Civil Procedure Act.…

…It is clear that in this case, no leave to appeal out of time was obtained before the filing of the appeal. The appeal so filed is incompetent, invalid, and a nullity with no legal consequences. 7.…