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Muraya Wandungu v. Naomi Wanjiru Ndungu

(2016) JELR 98813 (CA)

Court of Appeal  •  Civil Application Nai 161 of 2015  •  30 Sep 2016  •  Kenya

Coram
Paul Kihara Kariuki, Sankale ole Kantai, Fatuma sichale

Judgement

RULING OF THE COURT

1. Before us is a reference by the applicant challenging the decision of a single Judge of this Court (W. Karanja, J.A) dated 29th April, 2016. The learned Judge of Appeal in exercise of her discretion under Rule 4 of the Court of Appeal Rules (the Rules) declined to extend time within which the applicant could file and serve a notice of appeal and record of appeal out of time against the decision of the High Court (Osiemo, J.) dated 27th June, 2006.

2. A reference under Rule 54 (1) of the Rules is not like an appeal and in dealing with the reference the full Court is not really concerned with the merits or demerits of the decision of the single Judge. Rather, it is only required to investigate whether or not the single Judge has misdirected himself/herself on matters of fact or law in exercising his/her unfettered discretion. See Attorney General –vs- James Alfred Korosso [2010] eKLR. In Moru Farmers Co-operative Union Ltd. –vs- Abdul Aziz Suleman (No 2) [1966] EA 4…

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