EDDY NDETO GITETU V. KENYA COMMERCIAL BANK LTD

RULING OF THE COURT

ON REFERENCE TO THE FULL COURT

This is a reference to the full Court from a decision of a single Judge of this Court made under rule 4 of this Court’s Rules. The learned single Judge’s ruling was made pursuant to an application for extension of time in which to file a notice of appeal against the ruling of the superior court ( Azangalala Ag. J) dated 11^th March 2004.In dismissing the application for extension of time the learned Judge in his ruling delivered on 16^th December, 2004 stated, inter alia:-

“The applicant has enumerated the grounds on which he will be appealing against the ruling in paragraph 18 of the supporting affidavit. Those grounds include the ground that the learned Judge confused the issue of liability with that of damages and should have determined the issue of liability first. The applicant should have annexed a copy of is (sic) counter claim to assist the court to understand fully the nature of the counter-claim.

Nevertheless, from the facts cont…