ESTHER ANGONG'A NGICHO V. ISDORA OPIYO YOGO

JUDGMENT OF THE COURT

1. Before this Court an application to strike out the notice and record of appeal was argued. The substantive appeal was also argued. This is a composite ruling on the application to strike out the notice and record of appeal and a judgment on the main appeal. At the outset, we point out that the pleadings before this Court in the application to strike out were not succinctly crafted and drafted as confusion arises as which party is the applicant or appellant/respondent in the matter.

2. By a Notice of Motion dated 21^st September 2017, the respondent (Isdora Opiyo Yogo) moved this Court for an order to strike out the notice and record of appeal filed herein. In the same application, the respondent sought for an order to strike out the certificate of delay issued in this matter asserting that the said certificate is fraudulent and was obtained by concealment of material facts.

3. The grounds in support of the Motion is that the notice of appeal is defective and does …