RULING OF THE COURT
ON REFERENCE TO FULL COURTBy its notice of motion dated the 14th August, 1995 and lodged in this court on the 16th August, 1995 and which was brought under rule 4 of the rules of the court, the applicant, Oceanfreight Shipping Company Ltd, asked a single judge of the court for two prayers, namely:-
1.That the applicant be allowed to lodge its notice of appeal against the judgment delivered by Owuor, J. on the 6th August, 1992, out of time as the applicant had been unaware of the date when that judgment was delivered; and
2.that the costs of and incidental to the notice of motion be left to abide the result of an intended appeal.
This is yet again one of those situations in which the learned judge of the superior court was wholly unable to deliver her judgment on the date she had said she would do so; she had originally said she would deliver her judgment on the 30th April, 1992; the judgment was not delivered until the 6th August, 1992, nearly five months later. And wh…