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FREDRICK G. K. WAITHAKA V. THUO KAMAU & DAVID NJUGUNA THUO

(1994) JELR 104884 (CA)

Court of Appeal  •  civil misc appl 71 of 94[1]  •  17 Nov 1994  •  Kenya

Coram
Philip Kiptoo Tunoi

Judgement

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 intended appeal is land which has been divested of the applicant under the doctrine of adverse possession. It is only fair and just that he should be allowed to exhaust all the legal avenues open to him before a final decision is made.

It is common ground that there has been an inordinate delay of well nigh three years in instituting the appeal. The fact of the delay has been placed squarely at the door of the applicant's counsel. The applicant, too, is partly guilt…

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