IN THE COURT OF APPEAL
AT MALINDI
(CORAM: OUKO, JA. IN CHAMBERS)
CIVIL APPLICATION NO.30 OF 2015
BETWEEN
SAMUEL MWEMA MANZI .........................................APPELLANT
AND
AGAKHAN SPORTS CENTRE .................................RESPONDENT
(Being an appeal from the Judgment of the Industrial Court of Kenya at Mombasa (Mukau,J.) dated 14thFebruary, 2014
In
Industrial Court No.97 of 2013)
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RULING
It is today firmly settled that the power to grant an order for enlargement of time to file the notice and record of appeal under Rule 4 of the Court of Appeal Rules is essentially discretionary; that in general the matters which a single Judge of this Court takes into account in deciding whether to grant an extension of time include the length of the delay, the reason for the delay, the chances of the intended appeal or appeal succeeding if the application is granted and the degree of prejudice if the application is granted, among other considerations. See Leo Sila Mutiso v. Rose Hell…