RULING OF THE COURT
1. Before us is a Notice of Motion dated 17th November, 2011, brought pursuant to Rule 84 of the Court of Appeal Rules (the Rules). The applicant seeks the following orders:
i) The Notice of Appeal herein dated 17th May, 2010 be struck out.
ii) The costs of this application be provided for.
2. The grounds upon which the applicant relies on in support of its application are that the respondent has violated the rules of this Honourable Court by failing to file and serve the record of appeal within the required period; the delay in filing and serving of the record of appeal is deliberate and inordinate and greatly prejudices the applicant and is tantamount to abandoning the appeal herein; that all litigation must come to an end and that it is in the interest of justice that the Notice of appeal herein be struck out.
3. The genesis of this application is that the respondent expended funds in the sum of KShs.65,375,600/=, to construct a 6.5 kilometre road to its …