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Margaret Waruguru Kuhunya v. Zakayo Joseph Mwangi

(2014) JELR 99290 (CA)

Court of Appeal  •  Civil Application Nai 200 of 2013 (U.R. 144/2013)  •  3 Oct 2014  •  Kenya

Coram
William Ouko, Patrick Omwenga Kiage, Agnes Kalekye Murgor

Judgement

RULING OF THE COURT

We remind ourselves of the settled proposition in law, laid down in a long line of cases, that a single Judge of this Court exercises unfettered discretion granted by Rule 4 of the Court of Appeal Rules when considering whether or not to extend time for the doing of any act under the Rules or limited by an order of the court. That discretion must, however, be exercised upon proper principles of law bearing in mind that the single Judge, as a member of the Court, exercises that discretion on behalf of the whole Court; that the full bench of the Court would only interfere with the exercise of the discretion if it be shown that in the process of

exercising the discretion, the single Judge took into account irrelevant matters or failed to take into account relevant factors or that the single Judge misapprehended some aspect of the applicable law or his decision was plainly wrong and could not have been arrived at by the Court properly directing itself to the evidence preā€¦

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