SOUTH COAST FITNESS AND SPORTS CENTRE LTD V. CLARKSON NOTCUTT LTD

RULING OF THE COURT

The present application before us by the Applicant which was filed on 8th November, 1999, is for the striking out of the Notice of Appeal filed by the Respondent on the grounds that the Respondent has since then inordinately delayed the filing of its appeal within time. It is disclosed in the supporting affidavit that the Respondent being dissatisfied with the decision of Wambilyangah, J. given on 31st January, 1994, lodged its Notice of Appeal within time on 10th February, 1994. On the day before, the Respondent's advocate on record applied to the Deputy Registrar of the Mombasa High Court for copies of the High Court proceedings and judgment. On 10th February, 1994, a similar request was again made on behalf of the Respondent, to the Deputy Registrar. Then on 24th August, 1995, the Respondent obtained from this Court, a stay of execution on condition that the Respondent deposited in the Kenya Commercial Bank the sum of Kshs.4 million in the joint names of its advo…