RAMJI DEVJI VEKARIA V. JOSEPH OYULA

RULING OF THE COURT

On 9^th December, 2009, Mwilu J. delivered a ruling on a Chamber Summons dated 6^th October 2009 filed in the High Court at Eldoret Civil Suit No. 92 of 2007. The respondent in this notice of motion before us dated 17^th August, 2010, Joseph Oyula, felt aggrieved. He filed notice of appeal against that ruling on 18^th December 2009. That notice of appeal was not served upon the applicant in this notice of motion, Ramji Devji Vekaria till 15^th January 2010. It would appear that the respondent wrote a letter to the Registrar bespeaking the proceedings, but that letter was not sent to the applicant as was required by the second proviso to the then rule 81 now rule 82 of this Court’s Rules. The respondent nonetheless, proceeded and filed the record of appeal on 18^th June 2010, well out of the sixty days stipulated in the Rules of this Court. On 25^th August 2010, the applicant moved to this Court by way of notice of motion dated 17^th August 2010 in which he is seeking orders…