RULING OF THE COURT
By its notice of motion dated 12th November, 2007, the applicant herein, BEVERLY WAMBURI KINGORI, seeks an order under Rules 42 and 80 of the Court of Appeal Rules that the Notice of Appeal and Civil Appeal No. Kisumu 22 of 2007 between the respondent and the applicant be struck out on the following grounds:-
“(i) That the record of appeal does not contain all primary documents.
(ii) The Notice of Appeal, the appeal and record of appeal were lodged out of time.
(iii) That the certificate of delay is irregular and invalid.
(iv) That the notice of appeal and record of appeal have not been served upon all the parties affected by the appeal.
(v) That the record of appeal does not comply with the provisions of Rule 85 of the Court of Appeal Rules and the Provisions.
(vi) That the Notice of Appeal is invalid as it was filed by the appellant in person when he was represented by an advocate and there had not been filed a Notice of Intention to Act in person.”
The application was s…