GODFREY KINUU MAINGI & 4 OTHERS V. NTHIMBIRI FARMERS CO-OP SOCIETY LTD & ANOTHER

RULING OF THE COURT

ON REFERENCE TO THE FULL COURTThis is a reference to the full Court from a decision of a single Judge of this Court made under rule 4 of this Court’s Rules. The learned single Judge’s ruling was made pursuant to an application for extension of time to serve a notice of appeal out of time.

In allowing the application for extension of time the learned single Judge in his ruling delivered on 3^rd April, 2008 stated inter alia:-

“In dealing with this application I have to bear in mind that I am called upon to exercise my discretion whether or not to grant the relief sought. In doing so, I am guided by the principles set out by this Court over a long period of time and that is that the discretion exercisable under Rule 4 of this Court’s Rules, is unfettered and that the main concern of the Court is to do justice between the parties. Nevertheless, the discretion has to be exercised judicially, that is on sound factual and legal basis.”

The learned Judge then stated the princi…