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KENYA BUS SERVICES LIMITED V. MELEKSADIK OKUTOI

(1997) JELR 100351 (CA)

Court of Appeal  •  civil appl no. nai. 113 of 98  •  25 May 1997  •  Kenya

Coram
Gurbachan Singh Pall JA

Judgement

RULING

Judgment was delivered by the superior court on 11.3.1998 ordering the applicant to pay as salary shs.3244/= per month from 1.9.1987 to the date of judgment. The applicant was also ordered to refund the respondent's pension deductions. By this motion the applicant has sought an order for extension of time to file the notice as well as the record of appeal. Mr Billing for the applicant has by his affidavit in support of the application said that due to a mistake on his part, he forgot to file the notice of appeal in time.

The applicant has a right of appeal and the intended appeal does seem to be arguable. The delay is not so inordiante and the conduct of the applicant is not so flagrant that it should be deprived of its right to challenge the judgment in this court. Under s.4 I do have an unfeltered discretion to extend time on such terms as to me appear to be just. In the circumstances I grant the application and extnd the time for filing the notice of appeal. The applicant may …

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