Customer Support

JOSPHAT KAVATI NZIMBI
V.
JOSPHAT NYINGI PETER

(2019) JELR 100533 (CA)

Court of Appeal 22 Mar 2019 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Application 248 of 2018
Judges:William Ouko
Location:Nairobi
Other Citations:Josphat Kavati Nzimbi v. Josphat Nyingi Peter [2019] eKLR

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: OUKO, (P) IN CHAMBERS)

CIVIL APPLICATION NO. 248 OF 2018

BETWEEN

JOSPHAT KAVATI NZIMBI................................APPLICANT

AND

JOSPHAT NYINGI PETER.............................RESPONDENT

(Application for leave to Appeal out of time against Judgment of the Environment and Land Court at Machakos (O.A. Angote, J.) dated 27th July, 2018 in

ELC No. 34 of 2012)

*******

RULING

It is now firmly settled by a long thread of decisions of this Court that the power to extend time under Rule 4 is discretionary; and that extension of time is not a right of a party. As an equitable remedy it is only available to a deserving party; that a party seeking extension of time has the burden of laying a basis, to the satisfaction of the Court; and that this Court takes into account the length of the delay, the reason for the delay, the degree of prejudice to the respondent if the application is granted, and (possibly) the chances of the appeal succeeding if the application…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.