<p style="text-align: center"><strong><u>RULING</u></strong></p><p style="text-align: justify">1. <strong>Dinesh Kumar Zaverchand Jetha </strong>(the applicant) filed this Notice of Motion dated 23rd of October 2023, seeking a substantive order that leave be granted for a reference from the decision of a single Judge to a full bench, under <strong>Article 57(1)(b) </strong>of the <strong>Court of Appeal Rules 2022. Guaranty Trust Bank (Kenya) Limited is the Respondent.</strong></p><p style="text-align: justify">2. The application is premised on the grounds on its face and a supporting affidavit of even date sworn by the applicant.</p><p style="text-align: justify">3. The chronology of the case is that the applicant’s current advocates discovered that critical documents attached to the applicants supporting affidavit sworn on the 26th October 2016 and the Replying Affidavit sworn on 11th January 2017 had been inadvertently left out of the Record of Appeal dated 11th January 2018. The applicant sought and was granted leave to file a Supplementary Record of Appeal to include those documents. He however failed to file it. It was further noted that the Record of Appeal was lodged on 25th January…</p>