KENYA COMMERCIAL BANK LIMITED, RAYMOND W. BOMETT & 6 OTHERS V. PONDENI FARMERS CO-OPERATIVE SOCIETY LIMITED COMMISSIONER OF CO-OPERATIVE DEVELOPMENT & 25 OTHERS

RULING OF THE COURT

[1] There are two applications that have been argued before us. The first is a notice of motion dated 19^th May 2017 that was lodged by Kenya Commercial Bank Ltd (KCB), on 23^rd May 2017. That motion seeks to have the notice of appeal dated 18^th May 2015, that was filed and served on KCB’s advocate on 20^th May 2015, struck out or deemed to have been withdrawn.

[2] Michael Owuor and Co advocates who were the advocates for Pondeni Farmers Co operative Society Limited and 18 others had lodged the notice of appeal in the High Court on 20^th May 2015, indicating that his clients who were the petitioners in Petition No 1 of 2009 in the High Court at Kitale intended to appeal against the judgment of the High Court delivered in that petition on 13^th May 2015.

[3] The subject of the petition in the High Court is not clear, as neither the petition nor the judgment of the High Court has been availed to this Court. However, an affidavit sworn by Nathan Mutali Mmasi the chairman of t…