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J. M. MWANGI V. TIMOTHY JOWELL KAMANO & INDUSTRIAL AND COMMERCIAL DEVELOPMENT CORPORATION

(2014) JELR 104397 (CA)

Court of Appeal  •  Civil Application Nai.250 A of 2011  •  27 Jun 2014  •  Kenya

Coram
Paul Kihara Kariuki, Patrick Omwenga Kiage, Kathurima M'inoti

Judgement
<p class="ql-align-center">RULING OF THE COURT</p><p class="ql-align-justify">The applicant’s motion dated 4<sup>th</sup> November 2011 seeking extension of time for the filing of a Notice of Appeal against Sitati J’s judgment made on 10<sup>th</sup> August 2011 was dismissed by a single Judge of this Court. Dissatisfied, the applicant invoked the provisions of Rule 55(1) of the Court of Appeal Rules for the Court to reverse that dismissal.</p><p class="ql-align-justify">When a reference to the Court is made from the decision of a single judge of the Court, the Court proceeds in a circumspect fashion and is very reluctant to interfere with the exercise of discretion by the single judge. The reason for this is two fold: first, as a general rule, the exercise of a judge’s unfettered discretion must be accorded due respect so that interference has to be on narrow and well-established bases. Second, it must always be remembered that when a judge of the Court exercises discretion alone, it is on behalf of the Court so that a reversal of a single Judge’s decision is actually a reversal of the Court’s …</p>

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