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RULING
1. The proviso to Rule 77 (1) of the Court of Appeal Rules requires any intended appellant who wishes to dispense with service upon any party who did not participate in the proceedings in the Superior Court to apply for direction to that effect within seven days of lodging the notice of appeal.
2. In her notice of motion dated 26th June 2014, the 1st Appellant seeks an order directing that the 2nd Appellant need not be served with the notice and even the record of appeal in this matter. The reasons given for seeking not to serve the 2nd Appellant are that he did not participate in both the trial court and the High Court and that he cannot be traced for service.
3. Having considered the matter I find that the application has merit. Although the 2nd Appellant entered appearance and filed defence in the subordinate court, after his insurance company went into liquidation and the advocate it had instructed to defence the 2nd Appellant in that suit withdrew from acting for him, the 2nd…