<p class="ql-align-justify">RULING OF THE COURT</p><p class="ql-align-justify">When this appeal came up for hearing on 11^th March, 2015, counsel agreed by mutual consent that it be determined by way of written submissions. The Court set 22^nd April, 2015 to mention it for the purpose of either highlighting the submissions or taking a date for judgment. The appeal was, as a matter of fact and pursuant to that order, listed before us on 22^nd April, 2015. On record was a notice of cross appeal which had been filed the previous day, on 21^st April, 2015.</p><p class="ql-align-justify">Mr. Inamdar, learned counsel for the appellant objecting to the notice of cross appeal, submitted that in terms of Rule 93(2) of the Court of Appeal Rules and the holding in Mukisa Biscuit Manufacturing Co. Ltd v. West End Distributors Ltd [1969] E.A. 696, the notice of cross appeal was irregularly on record and urged us to accordingly expunge it.</p><p class="ql-align-justify">Mr. Khagram, learned counsel for the respondent for his part argued that the notice of cross appeal was first erroneously filed on 19^th March, 2015 in the H…</p>