RULING OF THE COURT
This is a Reference to the full Court from the Ruling of a single Judge (Alnashir Visram, JA) dismissing an application by Caltex Oil (Kenya) Limited [applicant] for extension of time within which to serve a Record of Appeal.
The application for extension of time was made mainly under Rule 4 of the Court of Appeal Rules (Rules). The applicant sought two main orders thus:
1. That grant of leave for extension of time to serve the record of appeal out of time as limited by the decision of the Court of Appeal (Hon Mr Justice R S C Omolo made on 9th May, 2008;2. ... the Record of appeal served on the Respondents on 30th May, 2008 be deemed to have been served within time... The applicant has already filed Civil Appeal No 97 of 2008. For better appreciation of the nature of the appeal we set out, albeit in a nutshell, the history of the dispute. Sometime in 1992, Rono Limited [respondent herein] filed a suit against the applicant for specific performance of agreement of sal…