RULING OF THE COURT
By this application lodged in the Court on 24th June, 2008, the applicant Daniel Musinga T/A Musinga and Company Advocates, who is the respondent in the appeal, seeks an order that the appeal lodged by Nation Newspapers Limited, the appellant in the appeal and respondent in the application, be struck out for being incurably defective on the ground that the record does not contain primary documents, to wit, the entire proceedings of the superior court and that the proceedings produced are incomplete and contain gaps, missing words and/or sentences which are incomprehensible.
While the respondent’s learned counsel does not dispute the fact that some pages of the proceedings of the superior court are missing from the record, he explains the cause of the omission as follows: Judgment the subject matter of the appeal was delivered on 6th May, 2005. On the instructions of the respondent, he filed a notice of appeal on 10th May, 2005 and duly served it on the applicant with…