KENYUA NGUNJIRI V. JOHN B. MUYA

RULING OF THE COURT

On 21^st 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 17^th September 2010. On 19^th October 2010, the respondent in the appeal John B. M. Muya filed this notice of motion before us dated 14^th October 2010 seeking three orders namely:-

“1. That the notice of appeal dated 28^th October 2009, lodged in the High Court on 20^th November 2009 and served upon the respondents counsel on 15^th November 2009 be and is struck out with costs.

2. That the memorandum and record of appeal, both dated 15^th September 2010 be and are struck o…