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Njogu Macharia v. Paul Wairuri Mwangi

(2010) JELR 95010 (CA)

Court of Appeal  •  Civil Appeal 110 of 2006  •  12 Feb 2010  •  Kenya

Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, Joseph Gregory Nyamu



By a notice on motion dated and lodged in this Court on 5th July, 2006, Njogu Macharia the applicant therein had asked a single Judge of this Court for orders:-

“1. THAT the Honourable Court be pleased to grant extension of time to file and serve Record of Appeal out of time.

2. THAT Record of Appeal filled (sic) herein be deemed as properly filed and within time.”

The motion was brought under Rules 4 and 42 (1) and (2) of the Court’s Rules. Under Rule 4 the Court

“--- may, on such terms as it thinks just, by 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.----.”

Applications under Rule 4 are normally heard by a single judge of the Court who exercises the unfettered discretion conferred by that Rule. The Court has always held that in exercising the discretion under Rule 4, a single judge is doing so on behalf of…

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