FRED BEN OKOTH V. EQUATOR BOTTLERS LTD

RULING OF THE COURT

1. We have before us a Notice of Motion dated 3^rd September, 2014, brought by the respondent under Sections 3 and 3A of the Appellate Jurisdiction Act and Rule 84 of the Court of Appeal Rules. It seeks the striking out of this appeal on the ground that it is fatally defective.

2. Relying on his affidavit sworn on 3^rd September, 2014 In support of that application, Mr. Okero, learned counsel for the respondent submitted that the record of appeal was filed out of time. This is because, although in its ruling of 10^th June, 2014 the High Court granted the appellant leave to file the Notice of Appeal out of time under Section 7 of the Appellate Jurisdiction Act, that order stated that the Notice of Appeal that the appellant had earlier on filed was deemed to have been filed with leave. In counsel's view, the High Court had no jurisdiction to grant an order whose operation was to have retroactive effect. That being his view, counsel urged us to find that the Notice of Appe…