WELLS FARGO LIMITED V. SYMON MIGWI KARANJA, STANLEY MUTUA MBIRITHI, WILLIAM MUGO MAINA, BONFACE KABUCHO KAMAU, PAUL LIVINGSTONE NGABA, BENARD ROTICH KIPSANG, JOHN GITUKU MUCHIRI, SOLOMON KIMUTAI CHELANGA, RICHARD ORAMISI KICHWANGA, ALBERT SUNGU AMTALA, PAUL MACHARIA KIRUGUMI, KENNEDY KIVITI & PETER THUO MBURU

RULING

Wells Fargo Limited, the applicant herein moved the Court by a Motion dated 19th December 2019, seeking the following orders;

a. THAT this Honourable Court be pleased to extend time within which the Applicant may file its Record of Appeal in this matter.

b. THAT the Record of Appeal filed herein on the 25th Day of November 2019 be deemed as having been filed on time.

Whereas the Court of Appeal Rules do not provide for factors to be considered in a Rule 4 application, Judges of this Court, have over the year’s devised principles to be applied as they exercise their free discretion for the attainment of the ends of justice in each case.

In MURINGA COMPANY LTD v. ARCHDIOCESE OF NAIROBI REGISTERED TRUSTEES [2020] eKLR Ouko, JA (now P.) expressed them thus;

“Some of the considerations, which are by no means exhaustive, in an application for extension of time include the length of the delay involved, the reason or reasons for the delay, the possible prejudice, if any, that each party stan…