FIRST AMERICA BANK OF KENYA LIMITED & ANDREW DOUGLAS GREGORY V. GRANDWAYS VENTURE LIMITED

RULING OF THE COURT

This is a reference to the Court under rule 54 of the Rules of this Court (the Rules) to vary, discharge or reverse the order of a single Judge of this Court (Owuor, J.A.) given on 4 August, 1999 whereby she extended time for the filing of the notice of appeal and the record of appeal.

The grounds upon which that application was made to her were that the appeal filed by the applicants was struck out on 1 July, 1999 for non-compliance with rule 85(1)(h) of the Rules in that the record of appeal did not contain a certified copy of the order appealed against. In support, it was urged before her that this was an honest mistake on the part of the advocate. This the learned single Judge accepted, as she well might, but the complaint on this reference is that there was, with respect, no material before the learned single Judge upon which she could exercise her discretion. That there should be such material is clear from the Privy Council Case of RATNAM v. CUMARASAMY [1964] …