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(2018) JELR 94824 (CA)

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

Coram
William Ouko

Judgement

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 the applicant has an arguable appeal. See: Leo Sila Mutiso v. Rose Hellen Wangari Mwangi Civil Application No. Nai 251 of 1997 and Simon Towett Maritim v. Jotham Muiruri Kibaru, Civil Application NAI 362 of 2004.

In order to answer these questions, the following dates are indispensable. The judgment by the High Court (Musyoka, J) was delivered on 11th December, 2014 wherein, the learned Judge ordered the distribution of various matrimonial properties to be shared on a 50:50 basis between the parties. That judgmen…

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