RULING OF THE COURT
This is a reference to the full Court under rule 54(1)(b) of the Court of Appeal Rules (the Rules) from the decision of Waki JA sitting as a single Judge in a ruling dated and delivered at Nairobi on 11th May, 2005 in Civil Application No. NAI. 288 of 2004.
The application was by Notice of Motion dated 18th November, 2004, seeking the following orders:-
1) THAT the applicant herein be given leave to appeal as a pauper.
2) THAT this Honourable Court do allow the applicant to file his appeal against the judgment in the High Court of Kenya Civil Appeal No. 291 of 1997 out of time.
3) THAT the costs of this application be in the cause.
The grounds for the application were stated to be:-
a) THAT since the applicant sustained the injuries which gave rise to the suit the subject matter of the proposed, (sic) he has constantly been under medical care and all the little money he had has been exhausted in medical and hospital expenses.
b) THAT since the appeal was dismissed in the H…