RULING OF THE COURT
[1] By a notice of motion dated 8th July, 2015, the applicant Kericho Technical Institute, seeks orders inter alia that:
“this honourable court be pleased to declare that the respondents be and are hereby deemed to have withdrawn their notice of appeal herein dated 15 th April 2015 and lodged in Court on 28th April 2015”.
In the alternative the applicants seek to have the notice of appeal struck out.
The notice of Appeal was lodged by Finmax Community Based Group, Chairman, Treasurer and Secretary respectively who were the defendants in a suit filed in the High Court by the applicant. The respondents were aggrieved by the judgment of the High Court (Sergon, J) delivered on 24th March, 2015 in which the High Court gave judgment for the applicant for Kshs. 11,261,501.28 together with costs and interest; and dismissed a counterclaim that had been lodged by the respondents.
[2] The applicant’s motion is brought under Rules 82, 83 and 84 of the Court of Appeal Rules and is…