ALI DIDI ABOUD & 18 ORS. V. MOHAMMED SADEEQUE KHAN

RULING

1. By application dated 21st December 2020, the applicants seek orders for extension of time for lodging and service of a record of appeal from the judgment of the Environment and Land Court in ELC Petition No. 7 of 2013 between the parties hereto.

2. As stated by the Supreme Court in Nicholas Kiptoo Arap Korir Salat vs. IEBC & 7 others, Supreme Court Application No. 16 of 2014 [2014] eKLR extension of time is not a right of a party but an equitable remedy available to a deserving party at the discretion of the court; that the party seeking extension of time has the burden to lay a basis to the satisfaction of the court; that extension of time is a consideration on a case to case basis; that delay should be explained to the satisfaction of the court; whether there will be prejudice suffered by the respondents if the extension is granted; and whether the application is brought without undue delay.

3. In his affidavit in support of the application, Athman Shaibu Shossi the 3rd applicant depo…