<p class="ql-align-center">RULING OF THE COURT</p><p class="ql-align-justify">The applicants STEPHEN KAMUYU NDWARU and ESTHER NYIHA NDWARU filed a Notice of Motion application dated 16^th January, 2014 seeking an order that the Notice of Appeal dated 8^th August 2005 be struck out. The application was supported by the affidavit of DENNIS SILAS MBICHI MBOROKI, counsel for the applicants sworn on 16^th January 2014, in which he deponed that the respondent filed a Notice of Appeal on 8^th August 2015 following the ruling of Koome, J (as she then was) delivered on 5^th August 2005; that to-date no record of appeal has been prepared and served upon the applicants and finally that the delay is inordinate.</p><p class="ql-align-justify">In response, the respondent FLORENCE WAMBUI KUNGU swore an affidavit dated 4^th July, 2014 wherein she attributed the failure to file the record of appeal to non-availability of the High Court file; that a letter bespeaking the proceedings was made on 8^th August 2005, 3 days after the impugned ruling; that the letter from the applicant’s counsel addresse…</p>