RULING OF THE COURT
We are asked to reverse the decision of a single member of this Court which decision extended time for the applicant to file his notice of appeal and a record of appeal out of time. We have said on numerous occasions that the discretion conferred on a single judge under Rule 4 is exercised on behalf of the court and on a reference from his decision, the full court cannot interfere with that exercise unless it be shown:
(1) that in the exercise of the discretion the single judge took into account irrelevant matters;
(2) that he did not take into account a relevant factor;
(3) that he misapprehended the law applicable to the situation; or (4)that the decision is plainly wrong.
The learned single Judge took into account the age of the litigation and was clearly aware of the requirement that litigation ought to come to an end. Mr Nderitu agrees the Judge took into account relevant factors and no error of principle is alleged before us. It appears to us that what Mr Nderitu …