<p class="ql-align-center">RULING OF THE COURT</p><p>When the notice of motion dated 8^th December, 2006 and filed on 14^th December, 2006 came for hearing, Mr. Gautama, learned Senior Counsel for the 1^st respondent raised what is in effect a preliminary objection to the effect that the application was not brought within 30 days from the date the record of appeal was served in breach of the proviso to <em>Rule 80</em> Court of Appeal Rules.</p><p>The impugned application is brought under <em>Rule 80</em> of the Court of Appeal Rules and seeks an order that both the notice of appeal dated 29^th May, 2001 and the record of appeal be struck out on the grounds stated on the body of the application.</p><p><em>Rule 80</em> under which the application is brought, provides:</p><p><em>“A person affected by an appeal may apply to the court to strike out the notice of appeal or the appeal as the case may be, on the ground that no appeal lies or that some essential step in the proceedings has not been taken or has not been taken within the prescribed time.</em></p><p><em>Provided that an application…</em></p>