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Kenya Commercial Bank Limited v. Pickwell Properties Limited

(2016) JELR 103737 (CA)

Court of Appeal  •  Civil Application 78 of 2015  •  17 Jun 2016  •  Kenya

Coram
James Otieno Odek

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: OTIENO-ODEK, J.A (IN CHAMBERS)

CIVIL APPLICATION NO. NAI. 78 OF 2015

BETWEEN

KENYA COMMERCIAL BANK LIMITED............................APPLICANT

AND

PICKWELL PROPERTIES LIMITED..............................RESPONDENT

(An application for extension of time to file and serve the Record of Appeal out of

time in an intended appeal from the judgment of the High Court of Kenya

at Nairobi (Ogola, J.) dated 20th March, 2015

in

H.C.C.C No. 544 of 2011)

****************

RULING

1. Before me is an application brought under Rule 4 of the Court of Appeal Rules (the Rules) wherein the applicant seeks leave of this Court to file and serve the record of appeal out of time. I am conscious that the discretion under Rule 4 is unfettered, but it has to be exercised judicially, not on whim, sympathy or caprice. I also take note that in exercising my discretion I ought to be guided by consideration of the factors stated in previous decisions of this Court including, but not limiteā€¦

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