ZHONGMEI ENGINEERING (K) GROUP LIMITED V. ANTHONY WACHIRA WAIRIMU & JOHNSTONE NGARI MWANGI (SUING AS LEGAL REPRESENTATIVES AND ADMINISTRATORS OF THE ESTATE OF JOSPHAT KIURI MWANGI)

RULING

The applicant, Zhongmei Engineering (K) Group Limited, has brought by a Motion dated 23rd June 2020, seeking the following orders;

1. THAT this Honourable Court be pleased to enlarge the time for filing the Record of Appeal by 87 days.

2. That the Record of Appeal filed on the 18th June 2020 be deemed as properly filed.

I have considered the application, the grounds in support thereof, the replying affidavit filed by the respondent, the submissions as well as the law. This being a Rule 4 application, the Court of Appeal Rules does not provide for the factors to be considered. However, this Court has, over the years, devised appropriate principles to be applied to achieve a just decision in the circumstances of each case. Thus, in the exercise of my discretion, which is free and unfettered, I shall be duly guided by the principles laid down by this Court in LEO SILA MUTISO v. ROSE HELLEN WANGARI MWANGI (1999) 2 EA 231, that;

“It is now well settled that the decision whether or not to…