Extension of time

Sierra Leone — Court of Appeal · 2024

Principle established: Applications for enlargement of time must generally be made in the High Court first; the Court of Appeal lacks jurisdiction to hear such applications unless they were first refused below.

Sierra Leone — Court of Appeal · 2013

Principle established: A convict seeking to pay a court-ordered fine after the expiration of the deadline may apply for an extension of time to pay the remaining balance.

Sierra Leone — Supreme Court · 2015

Principle established: The Supreme Court may grant an enlargement of time to appeal and a stay of proceedings where an appeal lies as of right, pursuant to its procedural rules.

Sierra Leone — Supreme Court · 2015

Principle established: An applicant may seek an enlargement of time to appeal and a stay of execution of lower court judgments pending the determination of the appeal in the Supreme Court.

Sierra Leone — Supreme Court · 2015

Principle established: Where an appeal lies as of right, the Supreme Court has the discretion to grant an enlargement of time to lodge the appeal and stay proceedings from the lower courts.

Sierra Leone — Court of Appeal · 1998

Principle established: Failure to comply with mandatory rules governing the lodging and prosecution of appeals is fatal, rendering the appeal not properly before the court and liable to be struck out.

Sierra Leone — Court of Appeal · 1962

Principle established: An appeal must be struck out where an appellant fails to annex the order granting enlargement of time to the notice of appeal as mandatorily required by appellate rules.

Sierra Leone — Court of Appeal · 1962

Principle established: Failure to annex the order enlarging time to the notice of appeal in breach of mandatory court rules is fatal and requires the appeal to be struck out.

Sierra Leone — Court of Appeal · 2020

Principle established: An appellant waives the requisite three days' notice of a preliminary objection by filing a reply, and failure to annex an order extending time to the notice of appeal is fatal.

Sierra Leone — African Law Reports · 1964-66

Principle established: Leave to appeal out of time will not be granted on the ground of lack of notice where counsel was present in court, informed of the listing, and departed without requesting an adjournment.

Sierra Leone — Court of Appeal · 2013

Principle established: An appeal against an interlocutory decision, such as an order striking out a defence, requires leave of the court and must be filed within the prescribed statutory timeframe.

Sierra Leone — Court of Appeal · 2017

Principle established: Applications for extension of time or renewal of a stay of proceedings in commercial matters must be treated with dispatch to ensure the efficient resolution of the substantive case.

Sierra Leone — Court of Appeal · 2017

Principle established: The court emphasizes the need for speed in processes relating to matters before the Fast Track Commercial Court when considering applications for extending interim stays of proceedings.

Sierra Leone — Supreme Court · 2014

Principle established: The Supreme Court may restore a dismissed appeal and enlarge the time for filing a case if the applicant shows sufficient reason for the delay.

Zimbabwe · 2023

Principle established: Reinstatement of an appeal requires the applicant to provide a reasonable explanation for the delay and demonstrate that the appeal has reasonable prospects of success.

Sierra Leone — Court of Appeal · 1962

Principle established: An appeal not brought in strict compliance with the mandatory procedural requirements of appellate rules will be struck out as not properly before the court.

Sierra Leone — Court of Appeal · 1962

Principle established: Failure to comply with rule 14(4) of the West African Court of Appeal Rules prevents an appeal from being properly before the court and requires it to be struck out.

Sierra Leone — Court of Appeal · 2012

Principle established: An applicant may seek an extension of time to appeal alongside a stay of execution of previous court orders pending the determination of an appeal.

Kenya · 2026

Principle established: The court may grant an extension of time to file pleadings where the applicant demonstrates sufficient cause and the delay does not cause irreparable prejudice to the other parties.

Sierra Leone — Court of Appeal · 1962

Principle established: An application for leave to appeal against a judgment construing a will must be brought within the statutory time limits prescribed by Sierra Leone procedural law.

Sierra Leone — Court of Appeal · 2016

Principle established: An application for enlargement of time to appeal must provide sufficient reasons for the delay and demonstrate that the proposed appeal has merit.

Uganda · 2026

Principle established: Time to file a defense may be extended where the applicants were not served with summons and demonstrate a willingness to defend the suit.

Kenya · 2026

Principle established: The court has discretion to extend the time for filing a notice of appeal in criminal cases where the applicant shows sufficient cause for the delay.

Kenya · 2024

Principle established: Extension of time is an equitable remedy granted at the court's discretion, requiring the applicant to provide a reasonable explanation for the delay and show no prejudice to the respondent.

Kenya · 2026

Principle established: An application for extension of time to file an appeal requires the court to consider the length of delay, the reasons for delay, and the arguability of the intended appeal.

Kenya · 2024

Principle established: Lack of finances to secure an advocate may be considered as a ground for enlargement of time to file a notice of appeal against a heavy criminal sentence.

Kenya · 2025

Principle established: An application for extension of time to file an appeal may be granted where the applicant provides a reasonable explanation for the delay, such as illness preventing communication with their advocate.

Kenya · 2025

Principle established: Extension of time is an equitable remedy granted at the court's discretion, requiring the applicant to provide a reasonable explanation for delay and demonstrate that no prejudice will be suffered by respondents.

Kenya · 2026

Principle established: Leave to file a notice of appeal out of time may be granted where the applicant demonstrates a genuine desire to appeal and the delay is adequately explained.

Zimbabwe · 2024

Principle established: Condonation for failure to comply with court rules, such as the timely service of an appearance to defend, requires a reasonable explanation for the delay and a demonstration of prospects of success.

Zimbabwe · 2025

Principle established: An appeal deemed abandoned for failure to provide security for costs may be reinstated through an application for condonation, provided the applicant explains the non-compliance and demonstrates prospects of success.

Kenya · 2026

Principle established: An application for extension of time to file a notice of appeal requires the applicant to show sufficient cause for the delay and that the intended appeal is not frivolous.

Sierra Leone — Court of Appeal · 2023

Principle established: A party seeking to appeal out of time must obtain an enlargement of time and leave from the court, demonstrating sufficient grounds for the delay and the merits of the appeal.

Sierra Leone — Court of Appeal · 2023

Principle established: The court may grant an extension of time to seek leave to appeal where the applicant provides a satisfactory explanation for the delay and the intended appeal is arguable.

Sierra Leone — Court of Appeal · 2007

Principle established: An applicant seeking an extension of time to appeal must set forth good and sufficient reasons by affidavit and establish grounds of appeal that prima facie show good cause.

Sierra Leone — Court of Appeal · 2007

Principle established: An application for enlargement of time to appeal must be supported by an affidavit setting forth good and sufficient reasons and proposed grounds of appeal showing prima facie good cause.

Kenya · 2024

Principle established: Leave to extend time to file a notice and record of appeal may be granted where the applicant demonstrates sufficient cause for the delay in challenging a judgment.

Malawi · 2023

Principle established: An application for extension of time to appeal is discretionary and requires the applicant to show good cause for the delay and that the appeal has prospects of success.

Malawi · 2023

Principle established: The court will consider the length of the delay, the reasons for it, and the potential prejudice to the parties when deciding whether to enlarge the time for filing an appeal.

Malawi · 2023

Principle established: Granting an extension of time to appeal is an exercise of judicial discretion aimed at ensuring that substantial justice is done between the parties.