Case law
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Division and case type: Constitutional and Human RightsPetition
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…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.…