RULING OF THE COURT
This is a Reference to full Court under Rule 54 (1) of the Court of Appeal Rules (Rules) from the decision of a single Judge of this Court (Waki JA) dated 20th December, 2005 allowing the respondent’s application for extension of time for serving a Notice of Appeal.
The applicant, Quasar Limited intends to appeal against the ruling and order of Kasango J in Nairobi Milimani Commercial Court H.C.C.C. No. 412 of 2003 Kobil Petroleum Limited v. Quasar Limited dated 27th April, 2005 consolidating that suit with Kisii H.C.C.C. No. 99 of 2003 Quasar Limited v. Kobil Petroleum Limited and transferring the Kisii suit to High Court, Nairobi.
The application for extension of time was supported by the affidavit of David Otieno, learned counsel for the applicant who deposed, inter alia, that he practices in Kisumu; and that on 9th May, 2005 he prepared the Notice of Appeal and a letter to the Deputy Registrar requesting for the proceedings and forwarded them to M/s. Kimanga and C…