CHRISTINA MARGIT SCHEIBER , BERNARD SCHEIBER TRUSTEES FOR WOMEN FOR WOMEN COMMUNITY BASED ORGANIZATION V. WILLIAM NYONGESA FESTO LUNYELEKWE & KENNEDY WANJALA MABONGA

RULING OF THE COURT

This matter before us concerns an application to strike out the 1^st respondent, William Nyongesa Festo Lunyelekwe’s Notice of Appeal lodged on 25^st June 2019. The application was premised under rules 75 and 84 of the Court of Appeal rules and was brought on the grounds that the Notice of Appeal lodged on 25^th June 2019, contravenes the provisions of rule 75 (3) of the rules of this court, as it does not accord with the format of Form D in the First Schedule and does not disclose the part of the judgment that the respondents are dissatisfied with, which has caused undue prejudice to the applicant and goes to the substance of the intended appeal thereby rendering it a nullity.

Though served with a Notice of hearing on 24^th May 2020 no replying affidavit or submissions were filed by the 1^st respondent, and by way of an email dated 17^th June 2020, B.N.Munialo Advocate for the 2^nd respondent, Kennedy Wanjala Mabonga stated that the 2^nd respondent supported the application…