RULING OF THE COURT
On 21st October 2009, Okwengu J. delivered judgment in High Court Civil Appeal No. 88 “B” of 2007 in which she set aside the judgment of the subordinate court and substituted it with an order dismissing the suit that was originally filed in the subordinate court and declined to award any costs to any party. The appellant in this appeal who was the respondent in the superior court, Kenyua Ngunjiri, felt aggrieved. He lodged notice of appeal and thereafter filed the appeal – Civil Appeal No. 249 of 2010 on 17th September 2010. On 19th October 2010, the respondent in the appeal John B. M. Muya filed this notice of motion before us dated 14th October 2010 seeking three orders namely:-
“1. That the notice of appeal dated 28th October 2009, lodged in the High Court on 20th November 2009 and served upon the respondents counsel on 15th November 2009 be and is struck out with costs.
2. That the memorandum and record of appeal, both dated 15th September 2010 be and are struck o…