LANDBANK REAL ESTATE INVESTMENT TRUST LIMITED V. STANDARD CHARTERED BANK KENYA LIMITED

RULING

[1] The notice of motion before me principally seeks an order of leave to file a supplementary Record of Appeal. Although the application cites Articles 159 (2) (d) of the Constitution, Sections 3A and 3B, of the Appellate Jurisdiction Act and Rules 42, 88 and 92 it is essentially a matter to be considered under Rule 4 of this Court. It deals with extension of time in the following terms;

“The Court may, on such terms as it thinks just, by an order extend the time limited by these Rules, or by any decision of the Court or of a superior court, for the doing of any act authorized or required by these Rules, whether before or after the doing of the act, and a reference in these Rules to any such time shall be construed as a reference to that time as extended.”

[2] This Rule provides an unfettered discretion to the Court to extend time. However, such discretion must be exercised judiciously. In Leo Sila Mutiso v. Rose Hellen Wangari Mwangi Civil Appeal No. Nai. 255 of 1997, the Court …