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Del Mote Kenya Limited v. Patrick Njuguna Kariuki

(2015) JELR 105333 (CA)

Court of Appeal  •  Civil Application Nai 321 of 2013  •  9 Oct 2015  •  Kenya

John Wycliffe Mwera, George Benedict Maina Kariuki, Fatuma sichale



On numerous occasions, this Court has commented on the nature and of the discretion exercised by a single judge under Rule 4 of the Court of Appeal Rules. For instance, in Mwangi v. Kenya Airways Ltd [2003] KLR 486 at 487, this Court stated that:

“Over the years, the Court has, of course set out guidelines on what a single Judge should consider when dealing with an application for extension of time under rule 4 of the Rules. For instance in Leo Sila Mutiso v. Rose Hellen Wangari Mwangi, (Civil Application No. Nai. 255 of 1997) (unreported), the Court expressed itself thus:-

“It is now well settled that the decision whether or not to extend the time for appealing is essentially discretionary. It is also well settled that in general the matters which this court takes into account in deciding whether to grant an extension of time are: first, the length of the delay: secondly, the reason for the delay: thirdly (possibly), the chances of the appeal succeeding if the applic…

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