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ROBIN GITHINJI V. PETER WANJOHI WARUI

(2016) JELR 95116 (CA)

Court of Appeal  •  Civil Application Nyr. 55 of 2015  •  3 Feb 2016  •  Kenya

Coram
Philip Nyamu Waki

Judgement

RULING

1. Robin Githinji (Robin), the applicant herein, seeks my discretion under Rule 4 of the Rules of this Court for grant of the following order:

“1. That the Court do grant an extension of time to the applicant to file and serve the notice of appeal, memorandum or appeal and record of appeal.”

There is no mention in that prayer about the judgment intended to be challenged, but in the heading of the application filed on 27th November 2015, Robin intends to challenge the Judgment of Ong’undi J delivered on 7th June 2012 and amended on 3rd May 2013.

2. It is trite that the exercise of my discretion under Rule 4 is unfettered and does not require establishment of “sufficient reasons”. Nevertheless, it ought to be guided by consideration of the factors stated in many previous decisions of this Court including, but not limited to, the period of delay, the reasons for the delay, the degree of prejudice to the respondent if the application is granted, and whether the matter raises issues of …

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