Case law
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Division and case type: High Court DivCivil Case Miscellaneous
…She urged that since leave to appeal out of time is granted through the court’s discretion, the court should not deny her a chance to ventilate her case on appeal.…
…The court may grant leave to appeal out of time if there is a satisfactory explanation for the delay if the same is inordinate.…
Division and case type: High Court CivilCivil Appeal
…E113 of 2024 wherein leave to appeal out of time was granted to the Appellant on 30th May 2023 by M. S. Shariff J. 3.…
…It is indeed true that the appeal was summarily rejected on account of there being no leave to appeal out of time and no such order for leave was annexed to the Memorandum of Appeal. 5.…
Division and case type: High Court CriminalCriminal Miscellaneous Application
…THAT no prejudice will be suffered by the Respondent if the Applicant is granted leave to Appeal out of time. THAT it is in the interest of Justice that leave to Appeal out of time is granted.…
…THAT this Honourable Court has unfettered discretion to grant leave to Appeal out of time.…
Division and case type: High Court CriminalCriminal Miscellaneous Application
…He now seeks leave to appeal out of time. It is now nearly one year since he was convicted and he claims that his family promised to engage him an advocate to appeal the decision. 3.…
…Those are the obvious reasons advanced by convicts who come before this court seeking leave to appeal out of time. The delay is inordinate. 4.…
Division and case type: High Court Commercial and TaxCommercial Appeal
…The Applicant seeks leave to file an appeal out of time against the judgment of the Insurance Appeals Tribunal delivered on 08th March., 2024.…
…He subsequently filed the instant application for leave to appeal out of time on 25th October, 2024. 7.…
Division and case type: High Court DivCivil Case Miscellaneous
…Whether the applicant should be granted extension of time to appeal and leave to appeal out of time?…
…leave to file appeal out of time.…
Division and case type: High Court DivCivil Case Miscellaneous
…Leave to appeal out of time and stay of execution The major orders sought in the chamber summons dated 24/07/2024 are: a) leave to appeal out of time and; b) stay of execution of the judgment and decree of Hon.W.C.…
…Arising therefrom are the main issues: Whether leave to appeal out of time should be granted. Whether stay of execution is merited. Leave to appeal out of time: the law.…
Division and case type: High Court Judicial ReviewJudicial Review
…The applicant further seeks leave to appeal out of time the Ruling of 8/1/2025 since the 14 days have lapsed since the impugned Ruling was delivered. 3.…
…The Respondent is also opposed to the request for leave to appeal out of time from the Ruling of 8/1/2025 as they are keen on executing decree and to enjoy the fruits of their judgment. 5.…
Division and case type: High Court DivCivil Case Miscellaneous
…to file the appeal out of time the Respondent will not suffer prejudice.…
…On whether the Applicant should be granted leave to Appeal out of time, the Respondent submitted that the court's discretion to grant leave to appeal out of time is guided by Section 79G of the Civil Procedure Act, which…
Division and case type: High Court DivCivil Case Miscellaneous
…to file the appeal out of time the Respondent will not suffer prejudice.…
…On whether the Applicant should be granted leave to Appeal out of time, the Respondent submitted that the court's discretion to grant leave to appeal out of time is guided by Section 79G of the Civil Procedure Act, which…
Division and case type: High Court CivilCivil Appeal
…The Appellant filed a Notice of Motion seeking, inter alia, a stay of execution pending the hearing and determination of the intended appeal, and leave to file the appeal out of time. 2.…
…Whether leave to appeal out of time should be granted;iv. Appropriate orders in the circumstances. Determination (a) Preliminary Objection 4.…
Division and case type: High Court CivilCivil Case Miscellaneous
…Whether the Applicant has met the prerequisites for the grant of leave to appeal out of time. b.…
…Subject to (a) above, whether the court should exercise its discretion to grant the Applicant leave to file its appeal out of time. Subject to (a) and (b) above c.…
Division and case type: High Court CivilCivil Case Miscellaneous
…E033 of 2023 and leave to appeal out of time against the judgment in Nyamira CMCC No. E067 of 2023.…
…Leave to appeal out of time is therefore granted. For the reasons that I have stated in this ruling, I find that the Applicants have established a case for the granting of orders for stay of execution.…
Division and case type: High Court CivilCivil Case Miscellaneous
…E069 of 2023 and leave to appeal out of time against the judgment in Nyamira CMCC No. E067 of 2023 .…
…Whether leave to file an appeal out of time should be granted. ii. Whether stay of execution pending appeal should be granted.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…to file an appeal out of time against the said award; and (iv) Stay of execution pending the intended appeal.…
…Whether the prayer for leave to appeal out of time is merited 15.…
Division and case type: High Court FamilyFamily Miscellaneous
…Application No. 386 of 2015 seeking leave to appeal out of time. That application was dismissed for want of prosecution on 26 th October 2016.…
…The present Application seeks leave to appeal out of time against that dismissal. 12.…
Division and case type: High Court CivilCivil Case Miscellaneous
…Whether the Applicant has met the prerequisites for the grant of leave to appeal out of time. b.…
…Subject to (a) above, whether the court should exercise its discretion to grant the Applicant leave to file its appeal out of time. Subject to (a) and (b) above c.…
Division and case type: High Court CivilCivil Appeal
…Whether the Applicant has met the prerequisites for the grant of leave to appeal out of time. b.…
…Subject to (a) above, whether the court should exercise its discretion to grant the Applicant leave to file its appeal out of time. Subject to (a) and (b) above c.…
Division and case type: High Court CriminalCriminal Miscellaneous Application
…The applicant seeks leave to appeal out of time. He told this court that he was sentenced in February 2023 and sentenced to suffer death over a Robbery charge.…
…The court has noted that the prosecution is not opposed to the grant of leave to appeal out of time.…
Division and case type: High Court CriminalCriminal Miscellaneous Application
…I have considered the application seeking leave to appeal out of time. The applicant was sentenced to serve a period of 17 years for the offence of defilement.…
…The applicant is thus granted leave to appeal out of time within the next 30 days considering that he is in custody.…