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…However, for good and sufficient cause, an appeal may be admitted out of time provided the appellant demonstrates good and sufficient cause.…

…Both parties are in agreement that the appeal was filed out of time.…

…of time.…

…Whether the Applicant has met the prerequisites for the grant of leave to appeal out of time. b.…

…THAT this Honourable Court be (sic) grant leave to extend time for filing an appeal (out of time) against the judgement of the Principal Magistrate’s Court at Kisumu of (sic) Hon. W.K.…

…THAT the Applicant be granted leave to lodge appeal out of time against the judgement of the Principal Magistrate’s Court at Kisumu of (sic) Hon. W.K.…

…of time.…

…To file an appeal out of time and seek the Court to extend time is presumptive and in-appropriate. No appeal can be filed out of time without leave of the Court.…

…of time.…

…Whether the Applicant has met the prerequisites for the grant of leave to appeal out of time. b.…

…of time.…

…Whether the Applicant has met the prerequisites for the grant of leave to appeal out of time. b.…

…To file an appeal out of time and seek the court to extend time is presumptive and inappropriate. No appeal can be filed out of time without leave of the court.…

…Consequently, this court will not accept a document filed out of time without leave of the court.” 4. The appellant should first have filed a Miscellaneous Application seeking leave of the court to appeal out of time.…

…Whether the Applicant has met the prerequisites for 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. c.…

…of time. 22.…

…The preliminary objection challenges the appellants' decision to file an appeal out of time, without first seeking and obtaining leave to do so.…

…of time, regardless of the length of delay.…

…Whether the Applicant has met the prerequisites for the grant of leave to appeal out of time. b.…

…From the foregoing, I am not persuaded that the Applicant has met the prerequisites for leave to appeal out of time. 20.…

…Whether the appeal was filed outside time upon leave being granted to the appellant to file the appeal out of time 8.…

…The respondent /applicant averred that the appellant did not file the appeal within time upon obtaining the order to file the same out of time.…

…filed out of time.…

…The appellant did not find it fit to make an application for the appeal to be admitted out of time.…

…To file an appeal out of time and seek curt to extend time is presumptive and in-appropriate. No appeal can be filed out of time without leave of the court.…

…To file an appeal out of time and seek curt to extend time is presumptive and in-appropriate. No appeal can be filed out of time without leave of the court.…

…On 11th November 2024, this court struck out this appeal on account that it was filed out of time without leave of court extending time for filing the same. 2.…

…Counsel for the Appellant had filed copy of the order extending time for filing of the appeal out of time issued vide HC Criminal Misc. No. E147 of 2024.…

…The law on filing an appeal out of time is settled.…

…The consequence of filing an appeal out of time without leave was discussed as such: “53.…

…She urged the court to allow the Appellant to file an appeal out of time. 4.…

…Ngugi vs ASL Credit Limited [2022] eKLR stated:- “The decision whether or not to grant leave to appeal out of time or to admit an appeal out of time is an exercise of discretion just like any other exercise of discretion…

…The appellant also seeks leave to file an out-of-time appeal. 4. The application is opposed.…

…In my view, an appeal filed out of time without leave is a nullity. It cannot serve as the foundation for a stay application.…

…IEBC & 7 Others [2014] eKLR, he submits that an appeal filed out of time without leave is a nullity. 20.…

…He relies on Nicholas Kiptoo Arap Korir Salat (supra), where it was held that no appeal can be filed out of time without prior leave of the Court. 30.…

…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.…