Case law
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Division and case type: Environment and Land CourtELC Land Miscellaneous Application
…It is on this basis that the Applicants are seeking for extension of time to file the appeal out of time. 5. …
…The only issue for determination is whether the Applicants have met the threshold for grant of extension of time to file an appeal out of time. 8. …
Division and case type: Environment and Land CourtMiscellaneous Application
…These were; the reference brought by way of Chamber Summons dated 29th May 2023 and the subsequent application for extension of time that was brought by way of Originating Summons dated 24th July 2024.…
…Since the Applicant’s application for extension of time brought by way of Originating Summons dated 24th July 2024 was filed through the Case Tracking System (CTS) and there was no hard copy in the file and the directions…
Division and case type: Environment and Land CourtELC Land Miscellaneous Application
…A party approaching the court for an extension of time must demonstrate that he deserves the exercise of the court’s discretion. The judgment sought to be appealed was delivered on 8th June 2022.…
…For the foregoing reasons, I find no merit in the limb of the applicant’s application seeking an extension of time within which to appeal against the lower court judgment.…
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…
Division and case type: Environment and Land CourtELC Land Miscellaneous Application
…On 29th November, 2023, the Applicant filed a notice of motion seeking extension of time. The application was disposed of by way of written submissions. A ruling was reserved for 27th November, 2024.…
…However, because of the ignorance of the staff of this provision, the Applicant was put in an unnecessary exercise of extension of time. However, that is now water under the bridge. 11. …
Division and case type: Environment and Land CourtELC Land Miscellaneous Application
…of time should be granted.…
…What orders should this court issue including an order as to costs$1 Whether an extension of time should be granted.…
Division and case type: Environment and Land CourtCivil Suit
…The Interested Parties/Applicants seek extension of time to enable them file Notice of Appeal against the ruling delivered by this Court on 31st October 2023 and that the Notice of Appeal filed be deemed to be properly on…
…: Extension of time is not a right of a party.…
Division and case type: Environment and Land CourtCivil Suit
…The main relief that the Interested Parties/Applicants seek is extension of time to enable them file Notice of Appeal against the ruling delivered by this Court on 31st October 2023.…
…: Extension of time is not a right of a party.…
Division and case type: Environment and Land CourtELC Land Miscellaneous Application
…In determining whether or not to grant extension of time, the court considers the length of the delay, the reason for the delay and the interests of justice.…
…An applicant for extension of time must explain the reasons for the delay to the court’s satisfaction as extension of time is not a right of a party. 19.…
Division and case type: Environment and Land CourtELC Land Miscellaneous Application
…of time.…
…of time as follows; 1) “Extension of time is not a right of a party.…
Division and case type: Environment and Land CourtELC Environment & Planning Miscellaneous Application
…By the Notice of Motion dated 29th November, 2024, Karsan Deveji Ladhani (the Applicant) prays for the following orders: (1) Spent (2) That the Honorable Court be pleased to grant the Applicant an extension of time to file…
…By this application before the court, the Applicant urges the Court to be pleased to grant him an extension of time within which to lodge an Appeal against a Judgment delivered by the Lower Court on 23rd August, 2024.…
Division and case type: Environment and Land CourtELC Land Miscellaneous Application
…A party approaching the court for an extension of time must demonstrate that he/she deserves the exercise of the court’s discretion. The judgment sought to be appealed was delivered on 2nd March 2023.…
…A delay of over 1 year to file an appeal or an application for extension of time to file an appeal is inordinate. From the material before me, I find no reasonable explanation for this delay.…
Division and case type: Environment and Land CourtELC Land Appeal
…E028 of 2024, in the alternative to ground (1) above, in not finding that the Applicant had a right, without the need for an extension of time to file a suit immediately on discovery of fraud on 10-12-2019 and the application…
…the issue before the court was different i.e. whether there were sufficient grounds for extension of time to file the suit, in deciding an application for extension of time to file suit on the wrong criteria.…
Division and case type: Environment and Land CourtCivil Suit
…Extension of time is not an entitlement of a party, hence an applicant seeking extension of time must explain the delay to the satisfaction of the court. 16.…
…of time as follows; (1) Extension of time is not a right of a party.…
Division and case type: Employment and Labour Relations CourtMiscellaneous Applications
…The Applicant now seeks an extension of time to file an out-of-time appeal and a stay of execution pending the intended appeal. It contends that the intended appeal is arguable and has a high probability of success. 5.…
…is called upon to consider the principles for extension of time, we derive the following as the under-lying principles that a court should consider in exercise of such discretion: Extension of time is not a right of a party…
Division and case type: Environment and Land CourtELC Land Appeal
…The application seeks among other orders; extension of time to comply with the conditions and orders issued by the court in the ruling delivered on 29th October 2024. 3.…
…Extension of time is not a right of a party. It is an equitable remedy that is only available to a deserving party at the discretion of the Court; 2.…
Division and case type: Claims and Labour Relations DivisionMiscellaneous Applications
…By receiving the cheques, the matter has been settled and extension of appeal time will prejudice the Claimant. APPLICANT’S SUBMISSIONS 5.…
…Counsel submitted that the Supreme Court had laid principles to guide extension of time.…
Division and case type: Employment and Labour Relations CourtMiscellaneous Applications
…of time in the manner sought by the Applicants.…
…By reason of the foregoing premises, I find that the Applicants’ application for extension of time is misplaced and founded on ignorance of the relevant stipulation of law.…
Division and case type: Environment and Land CourtELC Land Appeal
…The initial consideration, therefore, is whether this court should authorize an extension of time within which to submit the intended appeal. 5.…
…of time: a.…
Division and case type: Environment and Land CourtMiscellaneous Application
…The Respondents submitted that the Applicant sought extension of time to file a reference, a whole year after filing the reference.…
…The Respondents submitted that the Applicant abused the court’s process by filling a reference out of time without seeking extension of time to do so.…