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RULING
Owuor JA Kenya Shield Security Ltd, the applicant in this notice of motion is the 2nd respondent in Civil Appeal No 274 of 1998 filed in this Court on 30th November, 1998. The appeal is against the judgment of Ondeyo J delivered on 20th June, 1996.
The motion brought under rules 9, 42 and 80 of the Court of Appeal Rules and filed on 21st February, 2000 seeks an order to strike out the appeal on the grounds that:- The notice of appeal was filed out of time, the record is incomplete and that essential steps in the proceedings have not been taken or have not been taken within the prescribed time.
In the short affidavit which supported the notice of motion the applicant states inter alia:-
“3 That the decision against which the said appeal is preferred was delivered on 20th June, 1996.
4.That the notice of appeal was presented on 16th December, 1997.
5. I verily believe that the appeal was presented five hundred and thirty-one (531) days late.
6. No extension of time has been filed and /o…