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JOHNSON KABAKA M'TURUCHIU & ANOTHER V. SOLOMON KIRIMI M'NJAU & 4 OTHERS

(2007) JELR 100765 (CA)

Court of Appeal  •  Civil Appli 317 of 2006 (NYR 16/06)  •  16 May 2007  •  Kenya

Coram
Riaga Samuel Cornelius Omolo

Judgement

RULING

This being a motion under Rule 4 of the Court’s Rules, I have an unfettered discretion to extend or not extend the time as I am being requested to do by the two applicants Johnson Kabaka M’Turuchiu and Justus Mwongera M’Turuchiu who would appear to be brothers. Of course, the wide discretion conferred on a single judge by Rule 4 is to be exercised, not on caprice, not on like or dislike, not on sympathy but on reason based on time-tested principles established by the Court itself. But in the exercise of the jurisdiction, a single judge is entitled to take into account any matter relevant to the exercise of the discretion and in MWANGI v. KENYA AIRWAYS LIMITED, [2003] KLR 48, the Court, having set out four matters which a single judge should take into account when exercising the discretion under Rule 4 went on to hold that:-

“The list of factors a court would take into account in deciding whether or not to grant an extension of time is not exhaustive. Rule 4 of the Court of Appeal…

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