RULING ON REFERENCE TO FULL COURT
RAMESH SHAH, the applicant in this reference, asked a learned single Judge of this Court (Bosire, J.A) to enlarge for him the time within which to serve a notice of appeal and a record of appeal from the decision of the High Court of Kenya at Nairobi (Ransley, J.) given on 27th September, 2004.
The genesis of the application before the learned single Judge may briefly be stated as follows. Judgment was entered on 10th June, 2003 against the applicant in an ex parte hearing. The applicant, as defendant in the suit, applied under O IXB rule 8 of the Civil Procedure Rules for an order setting aside the judgment. Ransely J. heard the application and delivered his ruling on 27th September, 2004 dismissing that application. The applicant was aggrieved and he filed a notice of appeal pursuant to the provisions of rule 74 of the Court of Appeal Rules. The said notice was timeously filed on 29th September, 2004, but was not served on time.
On 10th December, 2004,…