<p class="ql-align-justify">RULING OF THE COURT</p><p class="ql-align-justify">By an application dated and filed in this Court on 14^th September, 2005 the applicant/respondent applied for the striking out of the Notice of Appeal dated and filed in Court on 12^th March, 2004. The application also sought the striking out of <em>Civil Appeal No. 191 of 2005</em> filed in this Court on 15^th August, 2005, and a further order that the costs of the application and the appeal be awarded to the applicant/respondent. It was based on the grounds set out on the face thereof, namely; that:- </p><p class="ql-align-justify"><em> “(a) The notice of appeal herein is ex-facie invalid and incurably defective, </em></p><p class="ql-align-justify"><em>(b) No valid Notice of Appeal has been filed and served against the decision made on 3</em><em>^rd</em><em> March, 2004 </em></p><p class="ql-align-justify"><em>(c) The Record of Appeal filed herein is incurably defective </em></p><p class="ql-align-justify"><em>(d) The Record of Appeal filed herein does not contain essential primary documents </em></p><p class="ql-align-justify"><em>(e) In the premises an essential step in the proceedings had not been taken within the prescribed time.</em> </p><p class="ql-align-justify">A supporting affidavit deponed to by <em>Mr. Gitonga</em>, learne…</p>