RUTH ANYUNGU V. JOSEPH NDUNG'U NJOROGE

RULING

[1] The principles that guide this Court in determining whether to extend time pursuant to Rule 4 of the Rules of this Court is now old hat. These are succinctly set out in this Court’s decision in Mwangi v. Kenya Airways [2003] KLR 486 at page 489 as follows:-

“Over the years, the Court has, of course set out guidelines on what a single Judge should consider when dealing with an application for extension of time under rule 4 of the rules. For instance in Leo Sila Mutiso v. Rose Hellen Wangari Mwangi, (Civil Application No. Nai. 255 of 1997) (unreported), the Court expressed itself thus:-

“It is now well settled that the decision whether or not to extend the time for appealing is essentially discretionary. It is also well settled that in general the matters which this Court takes into account in deciding whether to grant an extension of time are: first, the length of the delay: secondly, the reason for the delay; thirdly (possibly), the chances of the appeal succeeding if the appl…