RULING
The applicant seeks an extension of time under Rule 4 of the Rules of this Court within which to file a Notice of Appeal and Record of Appeal. She is aggrieved by the decision of the High Court (Musinga J, as he then was) given on 2nd July 2012 dismissing her application for an order of interlocutory injunction to restrain the respondent from exercising its power of sale under a mortgage pending the hearing and determination of her suit in the High Court. She intends to appeal against that decision but ran out of time to do so.
The factors for consideration in exercising the discretionary power under rule 4 of the rules of this Court include the length of delay; 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. There are many decisions of this Court in support of that proposition including Leo Sila Mutiso v. Rose Hellen Wangari Mwangi Civil Ap…