JAMES MACHARIA GICHUKI V. HARRY LEWIS NANGURAI

JUDGMENT OF KNELLER, J A

We have before us a motion of notice filed on June 2 1983 by the advocates for James Macharia Gichuki (the appellant expressed to be brought under Rules 42, 80 and 82(a) of the Court of appeal Rules asking this court to strike out the notice of appeal filed by the advocates for Harry Lewis Nangurai (the respondent) on March 18 1982 because the respondent has failed to file his appeal within the time prescribed by those Rules or “expeditiously” in obedience to a consent order made by this court on October 29 1982 in Civil application 42 of 1982. The applicant also asks for the costs of and incidental to this motion on notice. All this is resisted by the respondent.

Rule 42 states that all applications to this court shall be by motion and the grounds for them must be specified in the motion and the applicant has conformed to this rule.

Rule 80 declares that a person on whom a notice of appeal had been served may at any time, either before or after the institution o…