DR. SUNNY SAMUEL V. SIMON M. MBWIKA & SAMUEL M. MUNYAO

R U L I N G

In the course of his opposition to this application for an extension of time under rule 4 of the Rules of the Court of Appeal Rules (the Rules), Mr. Madara on behalf of the respondents adumbrated on several issues. He stated from the Bar, (without objection from Mr. Hira appearing on behalf of the applicant) that since judgment and decree the applicant had accepted and received full payment of the sum due without any reservation whatsoever and he submitted that since the applicant had obtained the full benefit of the judgment, he cannot now appeal against it while he is still in enjoyment of the benefits as otherwise he would be approbating and reprobating the judgment at the same time. Mr. Hira conceded this fact but submitted that the respondents only complied with the terms of the decree in making payment of the decretal amount in the absence of any order for stay which had not been applied for or obtained.

I have given most anxious consideration to this submission and th…