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 limite…