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Josphat Kavati Nzimbi v. Josphat Nyingi Peter

(2019) JELR 100533 (CA)

Court of Appeal  •  Civil Application 248 of 2018  •  22 Mar 2019  •  Kenya

Coram
William Ouko

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: OUKO, (P) IN CHAMBERS)

CIVIL APPLICATION NO. 248 OF 2018

BETWEEN

JOSPHAT KAVATI NZIMBI................................APPLICANT

AND

JOSPHAT NYINGI PETER.............................RESPONDENT

(Application for leave to Appeal out of time against Judgment of the Environment and Land Court at Machakos (O.A. Angote, J.) dated 27th July, 2018 in

ELC No. 34 of 2012)

*******

RULING

It is now firmly settled by a long thread of decisions of this Court that the power to extend time under Rule 4 is discretionary; and that extension of time is not a right of a party. As an equitable remedy it is only available to a deserving party; that a party seeking extension of time has the burden of laying a basis, to the satisfaction of the Court; and that this Court takes into account the length of the delay, the reason for the delay, the degree of prejudice to the respondent if the application is granted, and (possibly) the chances of the appeal succeeding if the application…

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