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CHARITY WACEKE KIMARI
V.
FLORENCE WANGUI KIMARI & 2 OTHERS

(2019) JELR 103314 (CA)

Court of Appeal 5 Jul 2019 Kenya
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Case Details

Suit Number:Civil Application 368 of 2018
Judges:William Ouko JA
Location:Nairobi
Other Citations:Charity Waceke Kimari v. Florence Wangui Kimari & 2 others [2019] eKLR

RULING

In an application for extension of time which entails the exercise of this Court’s discretionary powers, the factors to be considered are; the length of delay; the reason for delay; any prejudice likely to be suffered by the respondent if the extension is granted; and the reason or reasons for the delay. The Court may also “possibly” consider the chances of the appeal succeeding if the application is granted. See: Nicholas Kiptoo Arap Korir Salat v. Independent Electoral and Boundaries Commission and 7 others, Supreme Court Application No. 16 of 2014.

The dispute in question involves issues of succession and in particular the revocation by Lenaola, J (as he then was) of a grant issued on 16th July 1986. The learned Judge also ordered parties to agree on a fresh mode of distribution of the properties listed in the grant. Aggrieved by this decision, two applications were placed before Onyiego, J to review or set aside the orders of Lenaola, J. The said application was rejected and …

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