<p class="ql-align-center">RULING OF THE COURT</p><p>In a ruling dated and delivered on 18^th November, 2009, <em>Muchemi, J.</em> allowed application filed by the first respondent in this application before us, <em>MOSES MASIKA WETANGULA</em> dated 19^th October, 2009, reviewed a ruling delivered by Karanja, J earlier on, set it aside and struck out the applicant’s petition with costs to be paid to the respondents. The respondent in that application <em>JOHN KOYI WALUKE</em> felt aggrieved by that decision and sought to appeal against it. He filed notice of appeal on 24^th November, 2009 but served it some few (about three) days out of time specified by the Rules of this Court. Nevertheless on 17^th December, 2009, based on that notice of appeal, the respondent filed Civil Appeal NO. 13 of 2009 at Eldoret which was registered in Nairobi as Civil Appeal NO. 307 of 2009. He also filed on the same date - 17^th December, 2009, a notice of motion dated 16^th December,2009 in which he sought three orders namely:-</p><p><em>“1. That this Honourable Court be pleased t…</em></p>