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Silas Muthuri Mugambi v. Pan Africa Life Assurance Limited

(2014) JELR 94121 (CA)

Court of Appeal  •  Civil Application Nai.143 of 2013  •  13 Jun 2014  •  Kenya

Coram
Wanjiru Karanja, Daniel Kiio Musinga, Mohammed Abdullahi Warsame

Judgement

RULING OF THE COURT

On 19th March, 2014 Githinji, JA. dismissed an application filed by Silas Muthuri Mugambi, the applicant, for extension of time to lodge and serve a memorandum of appeal as well as a record of appeal. Being dissatisfied with that ruling, the applicant has sought reference of the application before a full bench of this Court under rule 55 (1) of the Court of Appeal Rules.

It is trite law that a single Judge of this Court, in dealing with an application for extension of time, exercises an unfettered discretion but such discretion has to be exercised judicially and upon the applicable principles of law. In exercising that discretion, a single Judge does so on behalf of the whole Court. In GITETU v. KENYA COMMERCIAL BANK LIMITED [2009] KLR 545, this Court set out the principles under which the full bench can interfere with the exercise of the single Judge’s decision. It can only do so if it is shown that the judge:

took into account an irrelevant matter which he/she ought…

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