RULING OF THE COURT
This is a reference, under rule 54(1) (a) of the Rules of this Court seeking to reverse or vary or discharge the orders of a single Judge of this Court (O'Kubasu, J.A) given on 12th March, 2002 whereby he dismissed an application for enlargement of time to file and serve the Notice of appeal and record of appeal on a party directly affected by the decision intended to be appealed from. The decision which the applicant was dissatisfied with was given by the superior court (Oguk, J.) on 4th October, 2000, while the application for enlargement of time was lodged in this Court on 6th December, 2001. The application was supported by an affidavit which endeavoured to give an explanation as to why the notice of appeal had not been served on one Mr. Gitari T. Njeu, Receiver/Manager of Grand Regency Hotel, a party, who alleged:-
"That the applicant has now heard albeit belatedly so, that the said Mr. Njeu's appearance and peruse in the proceedings is crucial for the effective…