Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…Specifically, the Bank argues that the application seeks to set aside or vary an order arising from a Mediation Settlement Agreement (MSA) without first seeking and obtaining leave of the Court.…
…Leave of Court is a jurisdictional prerequisite. Without such leave, any application purporting to set aside or vary a decree arising from a mediation settlement agreement is incompetent ab initio.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…Specifically, the Bank argues that the application seeks to set aside or vary an order arising from a Mediation Settlement Agreement (MSA) without first seeking and obtaining leave of the Court.…
…Leave of Court is a jurisdictional prerequisite. Without such leave, any application purporting to set aside or vary a decree arising from a mediation settlement agreement is incompetent ab initio.…
Division and case type: High Court DivCivil Appeal
…The appellant filed the memorandum of appeal outside the 30 days allowed by section 79G without the leave of the court.…
…The court finds that the said memorandum of appeal filed outside the statutory time limit of 30 days without leave of the court was thus incompetent and fatally defective.…
Division and case type: High Court DivCivil Appeal
…The appellant filed the memorandum of appeal outside the 30 days allowed by section 79G without the leave of the court.…
…The court finds that the said memorandum of appeal filed outside the statutory time limit of 30 days without leave of the court was thus incompetent and fatally defective.…
Division and case type: High Court CriminalCriminal Appeal
…On 11th November 2024, this court struck out this appeal on account that it was filed out of time without leave of court extending time for filing the same. 2.…
…The duty of parties filing appeals out of time with leave of court is to disclose or file the appeal with copy of the order for leave since appeals are filed in totally different files. 4.…
Division and case type: High Court DivCivil Appeal
…THAT the appeal filed by the appellant on 13th November 2014 be struck out for being filed out of time and without leave of the court; 2. THAT the costs of this application be paid by the appellant to the respondent. 2.…
…In any event, the memorandum of appeal having been filed well beyond the statutory period of 30 days, without leave of court, is incompetent.…
Division and case type: High Court DivFamily P&A Testate
…It was their argument that a mediation settlement agreement cannot be set aside except through an application filed with the leave of court under Rule 39(1) of the Civil Procedure (Court Annexed Mediation) Rules 2022.…
…That the application herein was filed without the leave of court but if the court should consider it as properly filed, then the grounds for setting aside the mediation agreement have not been established.…
Division and case type: High Court Commercial and TaxCommercial Matters
…of the Insolvency Court to proceed with this suit.…
…They argue that they could not seek leave of Court to proceed with the suit owing to the stay of proceedings imposed by this Court (Mabeya J) in Cytonn High Yields Solutions LLP (In Administration) v Official Receiver [2023…
Division and case type: High Court Commercial and TaxCommercial Matters
…Competence issues: leave of court 15. Parties have placed as eminent; the competence of this suit as well as the application; for leave of the court to commence or continue with the suit was not obtained.…
…The main aim is thus to create orderliness, decency and avoid a flood gate of actions, which may involve some of the matters placed under suspension. d) Absence of leave of the court renders the suit incompetent ab-initio…
Division and case type: High Court CivilCivil Suit
…Advocates on behalf of the Plaintiff, pursuant to Section 1, 1A, 1B, 3 & 3A of the Civil Procedure Act and Order 9 Rule 9 as well as Order 51 Rule 1 of the Civil Procedure Rules, 2010. 2) The said firm seeks leave of this…
…Advocates proceeds to act for him, judgment having already been entered and leave of Court being a prerequisite before a Notice of Change of Advocates can be filed. 4) The Court has before it an Affidavit of Service sworn…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…It was brought to the attention of court that the Respondent had served the Appellant with a cross-appeal allegedly out of time and without leave of court. 18.…
…No appeal can be filed out of time without leave of the Court. Such a filling renders the ‘document’ so filed a nullity and of no legal consequence.…
Division and case type: High Court DivCivil Appeal
…In order for the appeal to be admitted out of time there was need to seek leave of the court.…
…No appeal can be filed out of time without leave of the court. Such a filling renders the ‘document’ so filed a nullity and of no legal consequence.…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…However, my perusal of the application reveals that there is no such urgency disclosed noting that all that the applicant needs is leave of Court to apply for judicial review orders of mandamus to compel the respondents to…
…On the merits, the application is brought under Order 53 of the Civil Procedure Rules, seeking leave of court to apply for mandamus.…
Division and case type: High Court DivCivil Appeal
…In the circumstances the appeal could only be filed upon leave of court, which the applicant/appellant did not seek.…
…The appellant would require leave of court. The application by the applicant had nothing to do with pleadings as envisaged by Order 2 CPR.…
Division and case type: High Court CriminalCriminal Appeal
…This appeal is summarily rejected as the Judgment and sentence was rendered on 23/5/2024 while the appeal was filed on 20/6/2024 without leave of court to extent the period. 2. No such leave of the court was annexed. 3.…
Division and case type: High Court Judicial ReviewJudicial Review
…The chamber summons dated 5/1/2026 seeking leave of Court to consider the Chamber summons dated 2/1/2026 during the recess is hereby certified as urgent and the applicant's application to be heard during the recess is allowed…
…On the chamber summons dated 2/1/2026 seeking leave of court to apply for substantive judicial review orders challenging the 1st Respondent’s Administrative Decision dated 22 December 2025 regarding Tender No.…
Division and case type: High Court FamilyFamily Appeal
…He filed a Memorandum of Appeal dated 30th July 2025 without leave of court.…
…No appeal can be filed out of time without leave of the court. Such a filling renders the ‘document’ so filed a nullity and of no legal consequence.…
Division and case type: High Court DivCivil Appeal
…The trial court held that the suit was filed within three years but that it was filed without obtaining leave of the court.…
…It is trite that a suit filed outside the time stipulated by the law and without leave of the court is a nullity unless leave is obtained.…
Division and case type: High Court DivCivil Appeal
…The trial court held that the suit was filed within three years but that it was filed without obtaining leave of the court.…
…It is trite that a suit filed outside the time stipulated by the law and without leave of the court is a nullity unless leave is obtained.…
Division and case type: High Court DivCivil Appeal
…The trial court held that the suit was filed within three years but that it was filed without obtaining leave of the court.…
…It is trite that a suit filed outside the time stipulated by the law and without leave of the court is a nullity unless leave is obtained.…