REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: TUNOI, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI 71 OF 1994
BETWEEN
FREDRICK G.K. WAITHAKA ............................. APPLICANT
AND
THUO KAMAU
DAVID NJUGUNA THUO .................................RESPONDENTS
(Application for extension of time to file an appeal from
a judgment of the High Court of Kenya at Nairobi
(Justice Mbito) dated 6th June, 1991
in
H.C.C.C. NO. 627 OF 1987(OS))
********************
RULING
This is an application for extension of time to file an intended appeal against the judgment of the superior court (Mbito J) dated 6th June, 1991. Under rule 4 of the Court of Appeal Rules, this Court is empowered to enlarge time on any grounds, it seems just. Thus, there is conferred upon the court unlimited discretion to extend time subject only to the requirement of justice. I will now attempt to apply this principle so far as this case is concerned.
The subject matter of the suit is the superior court and in the inte…