<p class="ql-align-center"><strong>RULING OF THE COURT</strong></p><p>Before us is an application brought pursuant to <em>Rule 84</em> of the <em>Court of Appeal Rules </em>(the Rules). The applicant seeks an order striking out the appeal filed herein. The appeal is from the judgment of the High Court (sergon, J.) wherein the summons for confirmation as filed by the applicant in respect of the Estate of Peter Wamahiu Duncan (deceased) was allowed as prayed and the respondent’s protest was dismissed. The grounds relied upon are that, firstly, crucial documents were omitted from the Record of Appeal; secondly, the Record of Appeal was filed and served out of time and thirdly, the Notice of Appeal is defective.</p><p>The applicant’s advocate, Mr. Samuel Njuguna, deposed that the Notice of Appeal was defective because it indicated that it was lodged in the High Court on 30^th August, 2012 while the court’s stamp thereon indicated it was received on 31^st August, 2012. Despite the judgment which is the subject of this appeal being delivered on 17^th August, 2012, the…</p>