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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

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 Hellen Wangari Mwangi, Civil Application No.Nrb.251 of 1997.

Although the foregoing factors are not exhaustive, there is no requirement that all of them be present in every application for extension of time. Each case will be considered in the context of its peculiar circumstances. See Margaret Muthuri Muchiga v. Esther Kamori Gichobi, Civil Application No.117 of 2009.

From the scanty information on reco…

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