ZEALIA WANJIRU MOGUKU & GITHAIGA MBUTHIA V. FLORENCE WANGECHI KABIRI

RULING

By an application filed on 7^th November, 2012, the applicants seek extension of time under Rule 4 of the Rules of this Court to file and serve the Record of Appeal. The applicants are aggrieved by the decision of the High Court (J. K. Sergon J.), given on 30^th September, 2009, dismissing their application for revocation of grant of letters of administration issued to Florence Wangechi Kabiru, the Respondent in respect of the estate of Gathitu Githaiga deceased.

The grant or refusal of extension of time under rule 4 of the rules of this Court is a matter of discretion by the Court. The factors for consideration in exercising that discretion include the length of delay involved; the reasons for delay; the degree of prejudice if any that will be caused to the other party if the application is allowed and a consideration whether the applicant has an arguable appeal. See Leo Sila Mutiso v. Rose Hellen Wangari Mwangi Civil Application No. Nai 251 of 1997 and Maritim v. Kibaru [2005] eK…