“"leave to appeal"” — court decisions

Judgment[1991] KECA 828 August 1991

Bandali t/a Shimoni Enterprises v Wills

Judgment[1983] KECA 6518 October 1983

Ruithibo v Nyingi

Court of Appeal at NairobiJUDGE APPEALCase number Civil Appeal 21 of 1982

Division and case type: CivilCivil Appeal

…There was a failure to comply with rule 86(2) as the order against which it is desired to appeal does not include a statement that leave to appeal was given by the superior court.…

…Rule 86(1) requires that where leave to appeal has been given or refused by the superior court immediately following the delivery of the decision against which it is desired to appeal, a statement that leave has been given…

7 min read

Judgment[1997] KECA 21328 January 1997

MARGARET MAKHANJU JOHN v DAVID JOHN KIBWANA

Court of Appeal at MalindiJUDGE APPEALCivil Appeal E019 of 2023

Division and case type: CivilCivil Appeal

…RESPONDENT (Application for leave to appeal in an intended appeal from a Ruling of the High Court of Kenya at Mombasa (Wambilyangah, J) dated 21st September, 1994 in P & A CAUSE NO. 258 OF 1993) *********************** RULING…

…OF THE COURT The applicant seeks leave to appeal to this court against the ruling of the High Court of Kenya at Mombasa (Wambilyangah, J.) made on 21st September, 1994 in Probate and Administration Cause No. 258 of 1993…

1 min read

Judgment[1997] KECA 31110 June 1997

LUCY NYAMBURA RITHO & ANOTHER v PUBLIC TRUSTEE & ANOTHER

Court of Appeal at NairobiGithinji,JUDGE APPEAL,Amuga

Division and case type: GeneralUnclassified

…Amuga to be that he wanted to get leave to appeal before doing so. Rule 74(4) provides this is not necessary. In any event the leave to appeal allegedly obtained in April 1996 was granted out of time and is not valid.…

application failsDismissed1 min read

Judgment[2009] KECA 2515 December 2009

CFC Financial Services Limited v Juja Road Fancy Store Limited

Court of Appeal at NairobiKhaminwa,Joyce N. Khaminwa,JUDGE APPEAL,Majanja,MwanikiCase number Civil Application 323 of 2009

Division and case type: CivilCase number Civil Application

…This necessitated their filing an application for leave to appeal in the superior court. Change of advocates took place on 26th March 2009.…

…to appeal.…

application is grantedAllowed8 min read

Judgment[1999] KECA 8118 March 1999

Christopher Nyabayo Nyamuko v Republic

Court of Appeal at KisumuJUDGE APPEALCase number Civil Application 3 of 1998

Division and case type: CivilCase number Civil Application

…NAI. 3 OF 1998 BETWEEN CHRISTOPHER NYABAYO NYAMUKO .........................APPLICANT AND REPUBLIC ..............................................................RESPONDENT (Application for leave to appeal out of time from…

1 min read

Judgment[1999] KECA 5715 March 1999

Peter Bunduki v Republic

Court of Appeal at KisumuJUDGE APPEALCase number Criminal Application 4 of 1998

Division and case type: Constitutional and Human RightsPetition

application is set asideDismissed1 min read

Judgment[2008] KECA 7513 November 2008

ABDULSHAKOOR KHANDWALLA v EAST AFRICAN BUILDING SOCIETY

Court of Appeal at MalindiJUDGE APPEAL,Khanna EABS,KhannaCivil Appeal (Appli) 164 of 2005

Division and case type: CivilCivil Appeal

…Rent Restriction Tribunal; that the appeal is from a decision of the superior court on an application made independently of the appeal; that the appeal has neither been heard nor determined and that the appellant obtained leave…

…to appeal from the superior court.…

application is allowedAllowed10 min read

Judgment[1986] KECA 8129 June 1986

Kenya Commercial Finance Co Ltd v Nyaana Saw Mills

Court of Appeal at Nairobihe made his offerCase number Civil Application 109 of 1986

Division and case type: CivilCase number Civil Application

…Rule 4 is in point, because the present application arises out an application by the defendants for leave to appeal out of time. That is Civil Application No 30 of 1986.…

2 min read

Judgment[1999] KECA 81 February 1999

MUNGAI MUNA v ESMAEL N. MUNGAI

Court of Appeal at NairobiJUDGE APPEALCase number Civil Application 32 of 1998

Division and case type: CivilCase number Civil Application

…MUNGAI..............................................................................................RESPONDENT (Application for leave to appeal out of time in an intended appeal from the judgment and decree of the High Court…

2 min read

Judgment[1999] KECA 1001 February 1999

MUNGAI MUNA v ESMAEL N. MUNGAI

Court of Appeal at NairobiJUDGE APPEALCase number Civil Miscellaneous Application 32 of 1998

Division and case type: CivilMiscellaneous Application

2 min read

Judgment[1988] KECA 13527 January 1988

Lydia Wanjiru Mwangi v Rajnikant Joshi

Court of Appeal at MombasaJUDGE APPEALCase number Civil Application 143 of 1987

Division and case type: CivilCase number Civil Application

…It was then said: “The previous practise of in relation to applications for leave to appeal out of time was for the Court to concentrate on the circumstances of the delay (See Gatti’s case above).…

3 min read

Judgment[1996] KECA 1422 December 1996

Carter & Sons Ltd v Kenya Finance Corporation Limited & another

Court of Appeal at NairobiShields,JUDGE APPEAL,Kowade,Regeru,SharmaCase number Civil Appeal 62 of 1993

Division and case type: CivilCivil Appeal

…The appellant was unhappy with this order and sought leave to appeal to this Court, which was granted. It then filed a notice of appeal followed by an appeal.…

5 min read

Judgment[1990] KECA 2916 September 1990

Kariuki v Republic

Court of Appeal at Nairobi

Division and case type: Constitutional and Human RightsPetition

…learned Principal State Counsel, informed us that he was not aware of this letter when the application came before the High Court, and that had he been aware of it he would not have opposed the granting by the judge of leave…

…to appeal out of time.…

5 min read

Judgment[1985] KECA 14824 July 1985

Kariuki v Republic

Court of Appeal at MombasaKNELLERCase number Criminal Appeal 177 of 1984

Division and case type: CriminalCriminal Appeal

…to appeal out of time.…

5 min read

Judgment[1984] KECA 7924 July 1984

Kariuki v Republic

Court of Appeal at NakuruMasime,JUDGE APPEALCase number Criminal Appeal 177 of 1984

Division and case type: CriminalCriminal Appeal

…to appeal out of time.…

5 min read

Judgment[2025] KECA 224818 December 2025

Kariuki v Republic

Court of Appeal at NyeriJUDGE APPEALCase number Criminal Application E171 of 2024

Division and case type: CriminalCriminal Appeal

…to appeal out of time.…

5 min read

Judgment[1997] KECA 1624 February 1997

SOCIETE DE TRANSPORTS INTERNATIONAL AU RWANDA v H. H. ABDI

Court of Appeal at NairobiMbito,JUDGE APPEAL,Khaminwa,RawalCase number Civil Application 298 of 1997

Division and case type: CivilCivil Appeal

…In that case the excuse by Counsel for not filing the notice of appeal in time was that as no leave to appeal was obtained, no notice of appeal could be filed.…

6 min read

Judgment[1989] KECA 695 February 1989

Muthike v Kenya Film Corporation Ltd

Court of Appeal at NairobiCockar setting aside Mr,Cockar,JUDGE APPEALCase number Civil Appeal 7 of 1988

Division and case type: CivilCivil Appeal

…That must mean that he must seek leave to appeal against Mr Justice J.S. Patel’s order out of time. That step has not been taken.…

10 min read

Judgment[1994] KECA 10923 November 1994

G. B. M. Kariuki v Fred Kwasi Apaloo

Court of Appeal at NairobiAluoch,Kenya,Courts,suggested Hon Matiba,judge High Court,JUDGE APPEALCase number Civil Appeal 122 of 1994

Division and case type: CivilCivil Appeal

…In the meantime, upon being instructed by Mr Matiba, the appellant sought in Civil Appeal No 179 of 1993, the reversal by this Court of the leave to appeal granted by the High Court.…

appeal is dismissedDismissed17 min read