Case law
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Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The application for extension of time is a prayer for equitable relief by the court. No party has an automatic right to an order for extension of time. In Nicholas Kiptoo Korir Arap Salet Vs.…
…A party who seeks extension of time has the burden of laying basis to the satisfaction of the court. iii.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…In the Originating summons for the extension of time the appellant stated to have filed the statement of claim on 16 th December 2018.…
…of time was filed.…
Division and case type: High Court DivCivil Case Miscellaneous
…The first prayer is for extension of time to file an appeal and a draft memorandum of appeal is annexed to the supporting of affidavits. 16.…
…The Supreme Court explained further in the case of Nicholas Kiptoo Arap Korir Salat v IEBC (2014) eKLR Sup Ct Application No 16 of 2014 that: “…extension of time is not a right of a party; a party who seeks extension of time…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…The applicant/ respondent argued that an extension of time to apply to set aside an award is not provided for under the law. There are two schools of thought on this. 13.…
…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: Environment and Land CourtELC Land Miscellaneous Application
…The only issue that arise for determination is whether the applicant has met the threshold for grant of orders for extension of time. 11.…
…of time as follows; (1) Extension of time is not a right of a party.…
Division and case type: Environment and Land CourtCivil Suit
…of time to file an appeal that is still existing.…
…court and the party seeking extension of time has the burden to lay a basis to the satisfaction of the court. 11.…
Division and case type: High Court FamilyFamily P&A Intestate
…The application seek for extension of time within which to file the objection to the making of a Grant. 11.…
…The question of whether or not to grant an extension of time is a matter of the discretion of the court.…
Division and case type: Environment and Land CourtCivil Suit
…of time as follows; - i.…
…A party who seeks for extension of time has the burden of laying a basis to the satisfaction of the Court. iii.…
Division and case type: High Court CriminalCriminal Miscellaneous Application
…The supreme court held as follows; “Extension of time being a creature of equity, one can only enjoy it if he acts equitably: he who seeks equity must do equity.…
…The supreme court was clear that a party seeking an order of extension of time is basically invoking the exercise of judicial discretion and such discretion is only to be exercised in favor of a litigant who demonstrates…
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.…
Division and case type: Environment and Land CourtAppeal
…The Applicant herein seeks an extension of time to file his Notice of Appeal from this Court’s judgment delivered on March 20, 2024. 16.…
…of time shall be granted after the issue of the warrant for the execution of that sentence.” 20.…
Division and case type: High Court FamilyFamily Appeal
…It appears to me that the appellant seeks this Court's validation of its decision to file an appeal without first obtaining an extension of time to do so.…
…He now prays for extension of time and urges that once so granted, the Petition of appeal already filed be deemed to have been duly filed. 52.…
Division and case type: Environment and Land CourtELC Land Miscellaneous Application
…The issue that arise for the court’s determination is whether the applicant has met the threshold for grant of orders of extension of time. 7.…
…An applicant seeking extension of time must explain to the court’s satisfaction the reason for the delay. 9.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…Extension of time to file an appeal out of time against the judgment of the Small Claims Court delivered on 9th December 2024; and b.…
…Extension of time is not a right of any 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: Employment and Labour Relations CourtAppeals
…of time. b) Whether the order sought by the Applicant for a stay of execution pending appeal can be availed to him. 23 This Court’s authority to entertain an application for an extension of time to file an appeal out of…
…of time for its filing or admission.…
Division and case type: Environment and Land CourtELC Land Reference
…of time should be granted.…
…Suffice to say, it is entirely on the basis that they filed their objection late that they are now seeking an extension of time.…
Division and case type: Employment and Labour Relations CourtAppeals
…THAT this Honourable Court be pleased to grant orders for extension of time for the Applicant to file an appeal out of time. II.…
…Having held as I have hereinabove, I now turn to consider whether the application for extension of time should be granted.…
Division and case type: Environment and Land CourtELC Land Miscellaneous Application
…of time should be granted.…
…Whether an extension of time should be granted.…
Division and case type: Environment and Land CourtOriginating Summons (OS)
…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.…
…: Extension of time is not a right of a party.…
Division and case type: High Court DivCivil Appeal
…The first prayer is for extension of time to file the appeal herein lodged by way of the memorandum of appeal dated 17/1/2024.…
…The Supreme Court explained further in the case of Nicholas Kiptoo Arap Korir Salat v IEBC (2014) eKLR Sup Ct Application No 16 of 2014 that: “…extension of time is not a right of a party; a party who seeks extension of time…