“"extension of time"” — court decisions

Judgment[1985] KEHC 7718 June 1985

Njoroge v Republic

Judgment[1987] KECA 1329 July 1987

Kenya Film Corporation v Muthike

Court of Appeal at NairobiPLATTCase number Civil Application 51 of 1987

Division and case type: CivilCase number Civil Application

…The first somewhat misguided application for extension of time was brought on June 26, 1987 after Mr Commissioner Sampson had refused to review his own assessment.…

7 min read

Judgment[1997] KECA 40225 May 1997

MARY WAMBUI KABUGU v KENYA BUS SERVICE LIMITED

Court of Appeal at NairobiRingera,JUDGE APPEAL,Russell,England,Skingsley,Njuguna,WaiguaCase number Civil Appeal 195 of 1995

Division and case type: CivilCivil Appeal

…In my humble view the only time when such a defendant can challenge the order granting extension of time is at the time of the trial, either on facts brought out at the trial, or by way of arguments at the trial if circumstances…

…It follows that the defendant can only challenge the extension of time in trial itself and not by a preliminary application.…

31 min read

Judgment[1985] KECA 1476 October 1985

Njoroge v Republic

Court of Appeal at NairobiMADANCase number Criminal Appeal 145 of 1985

Division and case type: CriminalCriminal Appeal

…This court acceded to the application for extension of time to file the notice of appeal and the appeal itself.…

appeal is allowedAllowed9 min read

Judgment[1985] KEHC 571 October 1985

Njoroge v Republic

High Court at NairobiCriminal Appeal No 590 of 1985

Division and case type: CriminalCriminal Appeal

…This court acceded to the application for extension of time to file the notice of appeal and the appeal itself.…

9 min read

Judgment[1999] KECA 1365 April 1999

GALAXY PAINTS COMPANY LIMITED v FALCON GUARDS LIMITED

Court of Appeal at NairobiKwach Mr Justice,JUDGE APPEAL,DiasCase number Civil Appeal 219 of 1998

Division and case type: CivilCivil Appeal

…JUDGE OF APPEAL" On the same day on which the appeal was struck out, Mrs Dias again sought extension of time to lodge a notice of appeal and record of appeal out of time.…

12 min read

Judgment[1987] KECA 789 July 1987

Bananahill Investment Ltd v Panafrican Bank Ltd & 2 others

Court of Appeal at NairobiJUDGE APPEAL,Kimani GachathiCase number Civil Appeal 68 of 1986

Division and case type: CivilCivil Appeal

…At times it may not be possible to hear the application within 14 days but procedure allows for such extension of time by the order of the court which is in most cases by consent of the parties with the concurrence of the…

application is refusedDismissed22 min read

Judgment[1992] KEHC 2717 December 1992

PAUL JOSEPH NGEI v OFFICIAL RECEIVER

High Court at NairobiMbito,Miss Abincha for applicant,Nil for Respondent,Mwai,GacheguCase number Bankruptcy Cause 14 of 1988

Division and case type: Commercial and TaxInsolvency Cause

…Keiwua said that looking at the minutes of the creditors meeting of April 18, 1990, the time for filing a scheme of arrangement expired on April 25, 1990 so that as at May 3, 1990 the appellant had lost his opportunity of…

…extension of time to file a scheme of arrangement.…

27 min read

Judgment[1983] KECA 7518 May 1983

Pithoni Waweru Maina v Thuka Mugiria

Court of Appeal at Nairobijudge reached High,judge March,JUDGE APPEALCase number Civil Appeal 27 of 1982

Division and case type: CivilCivil Appeal

…In my view the appropriate way to deal with a submission of this kind is to allow the offending party an extension of time in which to comply with the rule subject to a penalty in costs where appropriate.…

application is dismissedDismissed28 min read

Judgment[2017] KEHC 9014 December 2017

Albeity Hassan Abdalla v Indepentedent Electroal and Boundaries Commission (I.E.B.C) &

High Court at MalindiJudge Pius Aderemi,Judge Christopher Mitchell,Kiugu,LaichenaCase number Election Petition 8 of 2017

Division and case type: Constitutional and Human RightsElection Petition

…Advocates, which advise I verily believe to be true that there is no provision in the law allowing the court to allow extension of time provided for in the Elections Act, 2011.…

…Advocates, which advise I verily believe to be true that Rule 19 (2) of the Elections (Parliamentary and County Elections) Petitions Rules, 2017 provides that extension and reduction of time shall not apply in relation to…

appeal succeedsAllowed73 min read

Judgment[2017] KEHC 9114 December 2017

Abdalla v Independent Electoral and Boundaries Commission

High Court at MalindiJudge Pius Aderemi,Judge Christopher Mitchell,Kiugu,LaichenaElection Petition 8 of 2017

Division and case type: Constitutional and Human RightsElection Petition

…Advocates, which advise I verily believe to be true that there is no provision in the law allowing the court to allow extension of time provided for in the Elections Act, 2011.…

appeal succeedsAllowed73 min read