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(1987) JELR 100298 (CA)

Court of Appeal  •  Civil Application Nai 37 of 1987  •  8 Dec 1987  •  Kenya

Fred Kwasi Apaloo



This is an application for extension of time to file an appeal. Under rule 4 of the Court of Appeal Rules, this court is empowered to enlarge the time on any grounds it deems just. This rule has been held to confer on this court unlimited discretion to extend time subject only to the requirement of justice. In this particular case, although notice of appeal was lodged within the time prescribed by the rules, the appeal was not filed within the 60 day period laid down by rule 81 of the rules. The reason preferred for this, is that although the proceedings and judgment of the court below were applied for on May 27 and June 9, 1986 respectively, they were only supplied on February 27, 1987 long after the prescribed period has expired.

If a copy of the letter applying for the proceedings was not sent to the respondent, then the applicant is entitled to rely on the proviso to rule 81 of the rules and exclude from the 60 days prescribed by the rules, the time required for the preparati…

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