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WAMEYO & 3 ORS.
V.
WAMEYO

(2021) JELR 113806 (CA)

Court of Appeal 3 Dec 2021 Kenya
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Case Details

Suit Number:CIVIL APPLICATION NO. 82 OF 2019
Judges:PATRICK KIAGE, JA
Location:Kisumu

RULING

  1. The applicants have moved the Court by a Motion dated 17th July, 2019, seeking the following orders;

    a. THAT period limited for filing and serving (sic) Notice of Appeal, Memorandum of Appeal and Record of Appeal be extended.

    b. THAT the cost of this application be in the course.

  2. Having considered the application, the grounds in support thereof and the law applicable in a Rule 4 application, I recall the holding of this Court in Muringa Company Limited -v- Archdiocese of Nairobi Registered Trustees, Civil Application No. 190 of 2019 where the factors to consider, in the exercise of my discretion, which is free and unfettered, were stated as follows;

    “Some of the considerations, which are by no means exhaustive, in an application for extension of time include the length of the delay involved, the reason or reasons for the delay, the possible prejudice, if any, that each party stands to suffer, the conduct of the parties, the need to balance the interests of a party who has a decision…

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