RULING OF THE COURT
 Kenya Ports Authority (hereinafter referred to as the applicant) is the respondent in Civil Appeal No 37 of 2013 in which the appellant Maison 425 (hereinafter referred to as the respondent) has appealed against the ruling of the High Court (Mwongo J) delivered on 15th June 2012.
 What is before us is a notice of motion dated 1st November 2013, in which the applicant seeks to have the record of appeal filed by the respondent in Civil Appeal No 37 of 2013, struck out and the appeal dismissed with costs. The application is based on the ground that the record of appeal which, was filed on 8th October 2013, was filed outside the period stipulated by the Court of Appeal Rules without any orders for extension of time or leave of the Court being granted.
 In an affidavit sworn by Stephen Kyandih a senior legal officer employed by the applicant, it is deponed that the ruling sought to be impugned in the appeal was delivered on 15th June 2012, and that the notice of …