RULING
This is an application under rule 4 of the Court of Appeal Rules (the Rules). The applicant is the legal representative of the estate of Joram Thuo Wairegi (the deceased). The deceased brought action in 1999, against Kenya Commercial Bank Limited, the respondent, on the main for an injunction to restrain the respondent from exercising its statutory right of sale of land known as L.R. No. 4885/2, Kiambu. The property had been given as security to secure repayment of a loan the respondent had lent him.
The power of the Court in an application under rule 4, aforesaid, is discretionary, which discretion is unfettered and judicial. For an applicant to succeed he has to explain the delay in taking the essential step within the stipulated period. Secondly, that the delay was not inordinate, and no prejudice would be caused to the respondent if the extension of time is granted. Thirdly, that the applicant acted promptly in bringing the application for the extension of time. Finally, and …