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W B O v. C A O

(2018) JELR 94824 (CA)

Court of Appeal  •  Civil Application 245 of 2017  •  23 Nov 2018  •  Kenya

Coram
William Ouko

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: OUKO, (P) (IN CHAMBERS)

CIVIL APPLICATION NO. 245 OF 2017

BETWEEN

W B O.........................................................................APPLICANT

AND

C A O....................................................................RESPONDENT

(Application for extension of time to file and serve the Notice of Appeal and Record of Appeal in an intended appeal from the judgment of the High Court at Nairobi (W. Musyoka, J.) dated 11th December, 2014

in

HCCC No. 12 of 2012)

**********

RULING

By Rule 4 of the Court of Appeal Rules, the single Judge, on behalf of the full Court, has unfettered discretion to extend the time limited by the Rules, or by any decision of the Court or of any court immediately below it.

Being discretionary, the power to extend or not is exercised within clear parameters defined by the length of delay; the reasons for delay; the degree of prejudice that may be caused to the other party if time is enlarged and a consideration of whether theā€¦

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