EDWARD RIITHO & 3 OTHERS vs EDWARD RIITHO [1997] KECA 329 (KLR)
- Court
- Court of Appeal
- Case number
- 329
- Citation
- [1997] KECA 329 (KLR)
- Decided
- 14 May 1997
The application is dismissed with costs as there has been inordinate delay which has not been sufficiently or satisfactorily accounted for.
Facts
The applicants sought an order that the time for filing a record of appeal be extended. The intended appeal was from a judgment of the High Court entered on June 28, 1990 by Aluoch, J. The notice of appeal was filed on July 4, 1990, and the appeal became barred on February 19, 1992. The application for extension was filed on February 26, 1993.
Issues
- Whether the Court should exercise its discretion under rule 4 of the Rules of this Court to extend the time for filing the appeal
- Whether the applicants have shown inordinate delay and provided a satisfactory account of the time that has lapsed
Reasoning
The court has a wide discretion to extend the time for filing the appeal, but this discretion must be exercised judicially. The applicants have not provided a satisfactory account of the time that has lapsed and there is no suggestion of mistake or accident.
Outcome
Dismissed with costs
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