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…Accordingly they applied under the priviso to that section for the admission of their respective appeals out of time by applications dated July 19, 1984.…

…of time.…

…The court must examine whether the appeal is competently before it so that an appeal is not admitted merely for parties to engage into academic exercise before the court. for example, where the appeal was led out of time…

…But even assuming that this was a case where leave could be sought and obtained to lodge the appeal out of time, there is no such reference to the order for leave to appeal out of time. 12.…

…The court must examine whether the appeal is competently before it so that an appeal is not admitted merely for parties to engage into academic exercise before the court. for example, where the appeal was led out of time…

…But even assuming that this was a case where leave could be sought and obtained to lodge the appeal out of time, there is no such reference to the order for leave to appeal out of time. 12.…

…In his submission in court counsel for the appellant reiterated his grounds of appeal and stressed the following points. (1) That since he pleaded that the plaint was filed out of time the plaintiff should have adduced evidence…

…to show that he had obtained leave to file the suit out of time, the fact that this was not raised at the time of trial notwithstanding. (2) That the injury was to the left eye which had healed and he had not lost sight…

…That the Honourable Court be pleased to grant the applicant leave out of time and consequently, the draft Memorandum of Appeal attached herein be deemed to have been properly filed within time. (2).…

…In Karny Zaharya & Another v Shalom Levi CA No. 80 of 2018 Koome JA stated: “In considering whether to grant leave to a litigant to file his or her appeal out of time, the Court will have regard to factors such as: the reasons…

…of time for the 28 days provided under the National Assembly and Presidential Elections Act.”…

…Under section 20 of Cap. 7 this was out of time. The learned counsel for the petitioner has urged the court to invoke the provisions of the Civil Procedure Rules.…

…In paragraph 3 of the replying affidavit Mr Wanyonyi swears on behalf of the defendant that:- “That, the defendant hereof (sic) has filed an application for reference to be filed out of time and the said application has not…

…What appears to be pending before the Tribunal is an application by way of notice of motion under sections 6(1) and 9(3) of the Act for leave to file a reference to the Tribunal out of time.…

…His argument simply is that the suit has been filed out of time, and is barred by the Limitation of Actions Act.…

…Although dealing with service under rule 15, the Court was emphatic that there being no personal service and the advertisement in the gazette being out of time, the proceedings were a nullity.…

…It was therefore out of time. But there had been an attempt to serve the 2nd respondent by leaving a copy of the petition with the Registrar.…

…Consequently it is my view that the advocate, whoever he was, fully addressed his mind to the issue of limitation but nonetheless consented to the plaintiff coming on record out of time.…

…Mr Dhanjal has correctly pointed out that, the notice of appeal was filed out of time, it was not served on the respondent or his advocate and even after the applicant received the certified copies of the judgment and proceedings…

…The affidavit in opposition to the petition was filed on April 17, 1996 which was on the date of the petition hearing and was objected to as having been filed out of time.…

…There is only one case in which proceedings may be instituted or continued out of time and that is when section 27 of the Limitation of Actions Act (cap 22) applies.…

…Amazingly the appellant waited until March 1985 to apply to a single Judge of this court to be allowed to file his appeal out of time.…

…Amazingly the appellant waited until March 1985 to apply to a single Judge of this court to be allowed to file his appeal out of time.…

…June, 1989 for several orders, namely, that the judgment entered against them ex parte on the 16th February, 1988 be set aside, that there be a stay of execution, that the defendants be granted leave to file their defence out…

…of time, that the defence annexed to their Chamber Summons be deemed to have been duly filed and lastly that the costs of this application be provided for.…

…compliance with order IX B rule 1(1) where a defendant has appeared, he must be given reasonable notice of a formal proof in order that he may have an opportunity if he so desires either to defend or seek leave to file a defence out…

…of time.…