R U L I N G
By a Notice of Motion dated 20th November, 2015 the applicant, Velos Enterprises Limited, which company was then represented by the law firm of Sichangi Partners Advocates applied for extension of time to file and serve a notice of appeal out of time from a judgment of the High Court of Kenya at Nairobi delivered on 23rd October, 2015. That motion was heard on 23rd May, 2016 by G. B. M. Kariuki, J.A., when counsel for both parties made submissions in support and opposition to the same. The learned Judge reserved ruling to 24th July, 2016 but ruling was not ready on that day. It was ordered that ruling would be delivered on notice. When ruling was eventually delivered on 28th April, 2017 the applicant’s motion was found to have no merit and was dismissed. That would ordinarily have brought the matter to an end if the applicant chose not to exercise its right under rule 55 of the rules of this Court where an applicant is entitled to refer the decision of a single Judge to a f…