RULING OF THE COURT
This is an application under rule 80 of the Court of Appeal Rules seeking an order striking out the Notice of Appeal filed on 24th May, 1995, on the ground that it was not signed by or on behalf of the respondents in breach of rule 74(6) of the Rules of this Court. A notice of appeal is required to be substantially in Form in the First Schedule.
In the notice which is the subject of the present application, there is no signature at the appropriate place. And even if the signature at the bottom left-hand were to be regarded as a signature for the purposes of the rule, there should have been two signatures, not just one. Since filing the purported notice, the respondents have not lodged an appeal. Their notice is accordingly deemed to have been withdrawn under rule 82 of the Rules of this Court. For these reasons, the application succeeds and the Notice of Appeal filed by the respondents is hereby struck out with costs to the applicant.
Made at Nyeri this 13th day of Ma…