RULING OF THE COURT
This is a reference to full court under rule 54 of the Court of Appeal Rules, against the decision of a single Judge delivered at Nakuru on 18th October 2002 in an application by way of Notice of Motion dated 28th May 2002. In that application the applicant Kenya Co-operative Creameries Limited had sought three orders which were; extension of time for serving the Notice of Appeal from a ruling the superior court delivered on 4th April 2002 in High Court Civil Case No. 101 of 1998; extension of time for lodging the Memorandum and record of appeal from the ruling and order of the superior court at Eldoret delivered on 4th April 2002 and such further or other orders to meet the ends of justice as may be necessary be made. The grounds for the same application were five and we set them out here:
“(i) The applicant failed to serve the Notice of Appeal within the prescribed period as it was not notified that the ruling from which it now desires to appeal would be delivered …