BOUGANVILLE ESTATE LIMITED V. KENYA DEPOSIT INSURANCE CORPORATION (KDIC) (SUING IN THEIR CAPACITY AS RECEIVER MANAGERS OF IMPERIAL BANK LIMITED- (IN RECEIVERSHIP)) & 3 ORS.

RULING

1. In a ruling delivered by the Environment and Land Court at Malindi (J.O. Olola, J.) on 5th December 2019, the applicant’s suit against the respondents in ELC Case No. 212 of 2016 was struck out on grounds that leave to institute the suit had not been obtained as required under Section 56 of the Kenya Deposit Insurance Act. Intending to challenge that ruling, the applicant lodged a notice of appeal on 17th December 2019.

2. In its application before me dated 8th March 2021, the applicant seeks an order that “the record of appeal herein be deemed as duly filed and the court do extend the time for service of the record of appeal herein.”

3. It is incumbent upon an applicant seeking extension of time to justify the request for extension. As the Supreme Court of Kenya stated 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 discr…