RULING OF THE COURT
On 3rd December, 2004, Tanui J, sitting in the High Court of Kenya, at Kisumu delivered a ruling in Miscellaneous Civil Case No. 114 of 2004 – In the matter of Advocates Act (Chapter 16 Laws of Kenya) - in which he dismissed an application filed by National Bank of Kenya Limited (the respondent before us) against Behan and Okero Advocates (the applicant). National Bank of Kenya Limited felt aggrieved and filed Civil Appeal No. 158 of 2006 in this Court on 18th July, 2006. The record of that appeal was promptly served upon Behan and Okero Advocates. On 27th July 2006, that firm of Advocates filed this Notice of Motion dated 24th July, 2006 in which the firm of advocates is seeking orders that the respondent’s appeal (referred to in the application as Civil Appeal No. KSM 29 of 2006) be struck out with costs. The grounds cited for seeking the same order are:-
“(a) That the appeal is incompetent due to the fact that both the notice of appeal and the order appealed again…