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Sanjivan Mukherjee v. Karachiwalla Nairobi Limited

(2015) JELR 96308 (CA)

Court of Appeal  •  Civil Application 253 of 2015  •  4 Dec 2015  •  Kenya

Coram
Mohammed Abdullahi Warsame

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM; WARSAME, J.A. (IN CHAMBERS)

CIVIL APPLICATION NO 253 OF 2015

BETWEEN

SANJIVAN MUKHERJEE .......................................APPLICANT

AND

KARACHIWALLA NAIROBI LIMITED.....................RESPONDENT

(an application for leave to file an notice of appeal and the record of appeal out of time against the judgment and decree of the High court of Kenya at Nairobi (Havelock, J.) dated 7th August 2014

in

H.C.C.C No 113 of 2012)

*******

RULING

The applicant seeks the benefit of my unfettered discretion to extend the time within which they can file a notice of appeal and record of appeal against the decision of Havelock J which was delivered on 7th August 2015. The power to extend time under rule 4 of the Court of Appeal rules is an exercise in discretion. That discretion must be exercised judiciously and without caprice. In exercising my unfettered discretion, the factors that I may take into consideration include the length of the delay, the reason for the delay…

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