RULING OF THE COURT
1. The applicant’s notice of motion dated 16th May, 2013 seeks to strike out the notice of appeal dated 8th April, 2013 filed by the respondent in Milimani HCCC No. 553 of 2011 for the reason that the notice was served outside the period of seven days after filing, contrary to the provisions of rule 77 of the Court of Appeal Rules.
2. In an affidavit sworn by John Wananda, an advocate practising as a partner in the law firm of M/S Shapley Barret and Co. Advocates for and on behalf of the applicant, it was deposed that the ruling that gave rise to the intended appeal was delivered on 25th March, 2013. The trial court struck out the respondent’s statement of defence and entered partial judgment in favour of the applicant in the sum of US$597,600.41 plus costs and interest.
3. Mr. Wananda stated that the respondent filed a notice of appeal against the said ruling on 8th April, 2013 but the same was served upon the applicant’s advocates on 24th April, 2013. A further/seco…