RULING OF THE COURT
Wandu Limited, the applicant in an amended motion of 1st December 2010 had applied to a single judge of this Court under Rule 4 of the Court of Appeal Rules for an order that the time within which to file and serve the notice and record of appeal be extended. The single judge (Maraga, JA) allowed the application and ordered that the notice of appeal (with no mention of the record of appeal) be filed and served within 10 days from the date of the order. Before us therefore is a reference to a full court from that decision under Rule 55 (1) (b) of the Court of Appeal Rules.
The background to this reference may briefly be stated as follows; The applicant, the registered owner of property L.R. NO 209/8559 NAIROBI was advanced a loan facility by the respondent in the sum of Kshs. 31,000,000/= secured by a charge on the aforesaid property. The applicant evidently defaulted in the repayment and agreed with the respondent to look for prospective third party buyers to salvage…