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(2016) JELR 98356 (CA)

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

William Ouko



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. RoseHellen Wangari Mwangi, Civil Application No.255 of 1997. On this last principle, it must be borne in mind that, although the court is not expected to determine whether or not there is a good arguable case on appeal, in some cases, however it may be material to have regard to the merits of the appeal because it may be futile to extend time to pursue a hopeless appeal. See Africa Airlines International Ltd v. Eastern and Southern African Trade and Development Bank(2003) K…

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