RULING OF THE COURT
This is a reference to full Court under Rule 54(1) (b) of the Rules of this Court from the decision of a single Judge dated 21st July 2006 dismissing an application for extension of time to file and serve a record of appeal out of time.
The applicant intends to appeal against the judgment of the superior court (Waweru J.) dated 2nd July 2004 dismissing the applicant’s suit with no order as to costs. In the suit, the plaintiff had claimed a total of Sh.3,629,506/05 from the respondent on the basis that the respondent was in breach of a building contract by failure to give proper instructions to the applicant to continue with the building contract resulting in the termination of the contract by the applicant. At the hearing of the suit, the applicant’s witness produced the building contract as an exhibit. Although the respondent did not attend the hearing of the suit, the superior court nevertheless found that no proper evidence had been tendered that the applicant’s r…