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Samuel Mwema Manzi v. Agakhan Sports Centre

(2015) JELR 96391 (CA)

Court of Appeal  •  Civil Application 30 of 2015  •  30 Oct 2015  •  Kenya

Coram
William Ouko

Judgement

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)

*****************

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…

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