MIGWANI FAMILY HELPERS PROJECT V. HAMIDAS BOUTIQUE

RULING OF THE COURT

This is a reference to this Court by the applicant who is dissatisfied with the Ruling of a single Judge of this Court (Shah J.A.) delivered on 11th November, 1999, dismissing the Applicant's Notice of Motion dated 28th July, 1999 for the extension of time to file a Notice of Appeal and Record of Appeal out of time.

The learned single Judge considered the facts leading to the application before him and having done so stated inter alia:-

"I am not satisfied that the 49 days delay caused on account of obtaining instructions is excusable. Nor am I satisfied that the 33 days delay in lodging the application after obtaining instructions in the circumstances of this case is reasonably explained".

Arising from the above, the learned single Judge was of the view that the circumstances of the case did not persuade him to exercise his unfettered discretion to extend time and hence dismissed the application.

Mr. Musyoki for the applicant made some attempts to explain the delay in …