ELISHA OKEA OGOLA V. JOB OGINGA OGOLA

RULING OF THE COURT

This is an application by way of notice of motion brought under Rules 42, 43, 82(2) and 84 of the Court of Appeal Rules (the Rules) in which the applicant (respondent in the appeal) seeks an order that the notice of appeal dated 23^rd April 2010, and the record of appeal dated 28^th March, 2012 be struck out on the following grounds:-

“(a) The respondent herein was aggrieved and/or dissatisfied with the ruling and order of the Superior Court dated and delivered on 23^rd day of March 2010.

(b) Consequently, the respondent lodged a notice of appeal on the 23^rd April 2010.

(c) Upon lodging the notice of appeal, the respondent requested for proceedings and ruling vide letter dated 8^th April 2010.

(d) However, the letter bespeaking proceedings was neither copied nor served upon the applicants’ (sic) counsel.

(e) Consequently, the respondent herein, was/is not covered by the provisions of Rule 81(1) of the Court of Appeal Rules, now Rule 82(1) and (2) of the Court of Appeal Rule…