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…NO. 2 OF 1998) ***************** RULING OF THE COURT This is a reference to full court from the decision of Omolo JA sitting as a single judge of this Court by which he rejected the applicant's application for extension of…

…In the circumstances we find no merit in this reference and it is accordingly dismissed with costs to the respondent. Dated and delivered at Mombasa this 27th day of January, 1999. R. O. KWACH ..............…

…For reasons that are not clear, but which have no relevance to this reference, the respondent fell out with its advocates.…

…And having received the Ruling of the Taxing Officer on the said four items, the applicant was so dissatisfied that it decided to file a reference. This decision is in relation to that reference.…

…However, the dismissal was referred to the full court (Madan, Miller and Potter, JJA) which reference was also dismissed on December 3, 1981.…

…The strictures of this Court in its judgment on the reference from a single judge in the intended appeal by the applicant from a decision refusing to set aside the sale were therefore inappropriate.…

…In Major Joseph Mweteri Igweta v Mukira M’Ethare Civil Application No NAI 8 of 2000 (unreported) I stated as follows:- “The application made under rule 4 of the Rules is to be viewed by reference to the underlying principle…