<p class="ql-align-center">RULING OF THE COURT</p><p>In an application by way of notice of motion dated 29^th March 2000 and filed in the superior court, the applicants in this notice of motion, Tanjal Investments Limited and Awadh Abeid Said, sought orders in the superior court for summary judgment for vacant possession and <em>mesne</em> profits against the respondents, Charles Kombo Okioga and Roselyn Kombo. The superior court (Khaminwa J.) in a ruling delivered on 14^th August 2000 granted the orders sought. The respondents felt aggrieved by that ruling and filed a notice of appeal on 25^th August 2000. By 30^th October 2003, no record of appeal had been filed pursuant to that notice of appeal. That necessitated the filing of a notice of motion dated 30^th October 2003 seeking to have the notice of appeal filed by the respondents on 25^th August 2000 struck out for failure to file an appeal within the time prescribed by the Rules. That application was heard by this Court and in a ruling dated and delivered on 16^th July 2004, it …</p>