RULING OF THE COURT
Background
1. The applications before the Court are two [2] notices of motion, one dated 24th July, 2009, by the applicant/1st respondent, KENYA COMMERCIAL BANK LIMITED, seeking to strike out the record of appeal in respect of CA No. 134 of 2009 [the appeal] arising from the ruling of the High Court, (Khaminwa, J), delivered on 14th May, 2009, and the other dated 27th July, 2009, by the 2nd respondent, BIDII KENYA LIMITED, also seeking to strike out Civil Appeal No. 134 of 2009.
2. The applicant’s notice of motion was brought pursuant to Rules 42, 80 and 85 of the Court of Appeal Rules and was supported by the affidavit of Chris Theuri, an employee of the applicant/1st respondent, sworn on the same day. In it he deposed that the record of appeal did not contain primary documents, some affidavits and exhibits as envisaged by Rule 85(1)(f) of the Court of Appeal Rules. Further, he deposed that the appellant did not seek leave of the Court to exclude documents from the r…