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…