RULING
It is well settled that the power to determine whether or not to extend time for filing a notice of appeal or lodging the appeal in an application made pursuant to Rule 4 of this Court’s Rules is discretionary and will depend on the length of the delay; the reason for the delay; the degree of prejudice to the respondents if the application is granted; and (possibly) the chances of the appeal succeeding if the application is granted. See Leo Sila Mutiso v. Rose Hellen Wangari Mwangi, Civil Appeal No. 155 of 1997.
On 13th July, 2018 the High Court at Nairobi (Sergon, J), in determining a dispute arising out of an insurance contract, entered judgment in favour of the respondent declaring that it was entitled to avoid the insurance policy in question in respect of any claim against the applicant arising out of injury or loss sustained by any passengers traveling in Motor Vehicle Registration No. KAV 623J on 1st June, 2012 when the said vehicle was involved in an accident.
Aggrieved by…