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Filippo Fedrini v. Ibrahim Mohamed Omar

(2016) JELR 98356 (CA)

Court of Appeal  •  Civil Application 5 of 2016  •  30 Sep 2016  •  Kenya

Coram
William Ouko

Judgement

IN THE COURT OF APPEAL

AT MALINDI

(IN CHAMBERS: OUKO J.A.)

CIVIL APPLICATION NO. 5 OF 2016

BETWEEN

FILIPPO FEDRINI ....................................................... APPLICANT

AND

IBRAHIM MOHAMED OMAR ..................................... RESPONDENT

(Being an application for extension of time to file and serve notice of appeal against the judgment of the Environment and Land Court at Malindi (Angote, J.) dated 23rd October, 2015)

in

E.& L.C.C.C.No. 107 of 2009)

**************

RULING

In an application,like this, brought pursuant to Rule 4 of theCourt of Appeal Rules for the enlargement of time to file and serve the notice of appeal,it is settled that it must be demonstrated that the delay is not inordinate;that the applicant was prevented by plausible reason or reasons from lodging the notice of appeal or the record of appeal within the prescribed period;that the other side will not be prejudiced if time is enlarged;and (possibly) that the appeal would probably succeed. See Sila Mutiso v. …

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