MOHAMED SHALLY SESE (SHAH SESE) V. FULSON COMPANY LTD & KILIFI BEACH PROPERTIES LIMITED

RULING OF THE COURT

[1] Under Rule 55 of the Court of Appeal Rules, any person being dissatisfied with the decision of a single Judge and who wishes to have the same varied, discharged or reversed may apply informally to the Judge at the time when the decision is given, or by writing to the Registrar within seven days thereafter; seeking such discharge, variation or reversal as the case may be, of the single judge decision by the full bench of the court. It is under this premise that Mohamed Shally Sese (Shah Sese) the applicant sought reference of a full Bench of this Court in regard to a Ruling by a single Judge (Makhandia J.A).

[2] By a letter dated 3^rd October, 2016, the applicant urged us to re consider the said ruling rendered on 30^th day of September, 2016 in which the learned single Judge disallowed the applicant’s application for extension of time sought under Rule 4 of the Court Rules. The application which was dated 30^th May 2016, principally sought an order that the applican…