GAD DAVID OJUANDO V. NIMROD BWIBO (CHAIRMAN MASENO UNIVERSITY COUNCIL) , F. N. ONYANGO (VICE CHANCELLOR MASENO UNIVERSITY) & MASENO UNIVERSITY

RULING OF THE COURT

The main appeal was scheduled for hearing before us on 21^st June, 2006 when learned counsel for the appellant, Mr. Miruka Owuor, drew our attention to a notice of motion taken out on behalf of the appellant on 5^th June, 2006. He pleaded that the motion be heard before the main appeal, and so it was.

The motion seeks an order under rule 80 of the Court of Appeal Rules (the Rules):

“That the Respondents’ notice of appeal lodged in Kisumu High Court Civil Case Number 101 of 2003 on 6^th June, 2005 and the respondents Notice of cross – appeal dated 5^th April, 2006 filed with this Honourable Court on 6^th April, 2006 served on the applicant on 16^th May, 2006 and any appeal if filed, by the Respondents, be and are hereby struck out.”

The background to the application is this:-

The superior court made its decision in the dispute between the parties on 23^rd May, 2005. Both parties soon after intimated, by filing notices of appeal timeously, that they were not satisfied with that …