RULING OF THE COURT
This is a reference under rule 54 (1)(b) of the Rules of this Court by the unsuccessful applicant whose application for extension of time to file a notice of appeal and record of appeal was dismissed by a single judge of this Court (Omolo, J.A.) by his ruling of June 28, 1996. The single judge dismissed the application mainly on two grounds: First, he did not find in the material before him a satisfactory account for the delay between October, 1995 when the appeal was struck out and June 12, 1996 when the Notice of Motion which the single Judge dismissed was made. Nor are we satisfied either with the account of the delay during these seven months. Secondly, the intended appeal, as the notice of appeal shows, was from the decision/ruling of the Honourable Justice Ang'awa dated September 17, 1993 which arose from a notice 1 of motion under order 44 rule(1) of the Civil Procedure Rules which itself was from a review of the orders made on March 11, 1993.
This latter orde…