DAUGLAS NGUNCHIRI WAINCHUNGO V. PAUL LAGAT, FREDRICK GICIMU KURIA, SIMON KAMAU NG'ANG'A, PETER JUMA MWANDA, RICHARD WAFULA, JACKSON KOSKEI, FRANCIS MWARA, JOSEPH KIRWA CHUMO & DANIEL KIPLAGAT

RULING OF THE COURT

1. In his application dated 18^th February 2016 presented to Court under Rule 84 of the Rules of this Court, the applicant, Dauglas Ngunchiri Wainchungo, seeks an order that the respondents’ appeal filed on 11^th January 2016 and served on 19^th January 2016 be struck out. It was indicated at the hearing of the application that the subject appeal is Eldoret Civil Appeal No. 48 of 2015.

2. In support of the application, learned counsel for the applicant, Mr. D. M. Wanyama, referred us to the grounds in support thereof on the face of the application and the supporting affidavit sworn by Aggrey Lucas Kidiavai. He urged, that although the respondents’ appeal is against a judgment of the High Court delivered on 10^th December 2014 in respect to which a notice of appeal was filed, the respondents’ grievance is with respect to a decision of the High Court given on 17^th September 2014 in which the court rejected the respondents’ application for adjournment of the hearing of the …