RULING OF THE COURT
This is an application by way of notice of motion brought pursuant to Rules 80 and 82 of the Court of Appeal Rules in which the applicant, Occidental Insurance Co. Ltd, seeks an order that the Notice of Appeal dated 7th July 2003 and filed in this Court’s registry on 10th July 2003 be struck out or be deemed as having been withdrawn. The application is supported by the affidavit Joseph Njoroge Mbugua. In that affidavit Mr. Mbugua depones:-
“2. That on the 7th day of December, 2000 the respondent herein filed civil suit No. 2172 of 2000 against the applicant as per copy plaint now annexed hereto marked “JNM 1”
3. That on 10th January, 2001 a defence was filed in the said suit as appears from copy exhibit now annexed hereto marked “JNM 2”
4. That the said suit was finally heard and a decision on it dismissing the suit with costs was delivered on 7th July, 2003.
5. That the respondent filed notice of appeal on 10th July, 2003 as appears from copy annexed hereto marked “JNM…