JUDGMENT
We are dealing with a reference to the full Court under rule 54(1) of the Court’s Rules, the Rules. The matter arises in this manner. On 29th September, 2000, Hayanga J delivered a judgment against Thuita Mwangi, the applicant herein. The applicant had sued Kenya Airways Ltd, the respondent, over what was alleged to be a loss incurred by the applicant as a consequence of a wrong booking made by the respondent when the applicant traveled using the respondent’s air ticket to the United States of America. Following the dismissal of his suit by the High Court, the applicant lodged in this Court Civil Appeal No 105 of 2001; that appeal was so lodged in the Court on 28th May, 2002 but that appeal was, unfortunately for the applicant, struck out on 6th June, 2002, because the applicant had filed it out of time without leave.
The applicant then returned to this Court by way of a notice of motion under rules 4 and 42 of the Rules and the motion asked for an order to extend time for the …