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…The Respondent submits that leave to appeal out of time is a discretionary remedy and is not granted as of right.…

…Whether leave to appeal out of time should be granted 19.…

…It also seeks leave to appeal out of time. 2. The application is supported by the affidavit of Rosemary Chemurgor Kosgei sworn on 31st October 2023.…

…In regard to the application for leave to appeal out of time, Section 79G of the Civil Procedure Act states that: “Every appeal from a subordinate court to the High Court shall be filed within a period of thirty days from…

…Further, no sufficient cause or arguable appeal has been demonstrated to warrant leave to appeal out of time and the allegations of irreplaceable loss are unsubstantiated and speculative. 13.…

…The two issues that emerge for my determination is whether the Applicant has met the conditions necessary for the grant of leave to appeal out of time and for grant of stay of execution pending appeal.…

…By way of a Notice of Motion Application dated 14th March 2025 in which the applicant seeks two substantive orders; a. leave to Appeal out of time against the Judgment delivered on the 28th day of November, 2024 in Mavoko…

…The Respondent argues that the Applicant has not explained the delay in filing the appeal, has failed to satisfy the conditions for leave to appeal out of time, and has not met the requirements for grant of stay of execution…

…First it seeks a stay of execution pending appeal and it also seeks leave to appeal out of time. In respect to the application for stay the Applicant also seeks to deposit a bank guarantee as security for costs. 2.…

…On the second limb for leave to appeal out of time, this court is guided by the conditions laid by the Supreme Court in the case of Nicholas Kiptoo Korir Arap Salat vs IEBC and 7 Others Application no 16 of 2023 where it…

…The grounds for the Applicant’s application are that he has filed an application seeking leave to appeal out of time, which is pending hearing and determination before this Court.…

…The Respondent asserts that the Applicant’s application dated 15th October 2024, seeking leave to file an appeal out of time has never been served upon her.…

…Further that the Respondent never sought leave to file appeal out of time. 14.…

…Whether the Applicant should be granted leave to appeal out of time. b. What orders should this court issue. Whether the Applicant should be granted leave to appeal out of time 21.…

…The application  before the court seeks leave to appeal out of time. the same is not opposed and as I am satisfied that the Applicant has given a plausible explanation for the delay the application is allowed. the appeal…

…The Notice of Motion dated 4th December 2023 seeks leave to appeal out of time against a Judgment delivered in Machakos CM’s Court No. E018 of 2021. The Judgment is said to have been delivered on 27th November 2023.…

…The key issue for determination is whether the applicant has met conditions for grant of leave to appeal out of time. 9.…

…The Supreme Court in the case of Nicholas Kiptoo Korir arap Salat v IEBC and 7 Others [2014] eKLR outlined the guiding principles for extension of time, the principles applicable when considering an application for leave…

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

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

…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.…

…The Applicant herein seeks leave to appeal out of time in respect of a ruling of the Chief Magistrate’s Court at Kithimani which upheld a preliminary objection raised by the Respondent against his claim for compensation for…

…I would otherwise not do so in an application for leave to appeal out of time as that would amount to determining the appeal before hearing all the facts.…

…The Applicant herein seeks leave to appeal out of time in respect of a ruling of the Chief Magistrate’s Court at Kithimani which upheld a preliminary objection raised by the Respondent against her claim for compensation for…

…I would otherwise not do so in an application for leave to appeal out of time as that would amount to determining the appeal before hearing all the facts.…

…The Applicant herein seeks leave to appeal out of time in respect of a ruling of the Chief Magistrate’s Court at Kithimani which upheld a preliminary objection raised by the Respondent against his claim for compensation for…

…I would otherwise not do so in an application for leave to appeal out of time as that would amount to determining the appeal before hearing all the facts.…

…The Applicant herein seeks leave to appeal out of time in respect of a ruling of the Chief Magistrate’s Court at Kithimani which upheld a preliminary objection raised by the Respondent against his claim for compensation for…

…I would otherwise not do so in an application for leave to appeal out of time as that would amount to determining the appeal before hearing all the facts.…

…Whether the applicant should be granted leave to file an appeal out of time.…

…The submitted that sufficient reason has been shown that warrants the applicant being granted leave to appeal out of time as there is an explanation for the delay and they have a meritorious appeal that deserves a day in…

…Whether the court should exercise its discretion to grant the applicant leave to file her appeal out of time; b. Whether the appeal should be struck out; a.…

…Whether the court should exercise its discretion to grant the applicant leave to file his appeal out of time; 21.…

…Whether the court should exercise its discretion to grant the Applicant leave to file his appeal out of time; 16.…

…out of time. 28.…