<p class="ql-align-center"><strong>RULING OF THE COURT</strong></p><p>This is an application made on behalf of the respondents Bosley Frederick and Mohamed Ali T/A Continental Traders and Marketing, expressed as having been brought under <em>rule 42(1)</em> and <em>80 </em>of the Court of Appeal Rules seeking to strike out the appeal on the following grounds: -</p><p><em>“1. Pages 64, 69, 70, 74, 77, 78, 80, 81, 83 and 84 of the Record of Appeal are incompetent and illegible.</em></p><p><em>2. The Memorandum of appeal has not been signed by Messrs Kapila Anjarwalla and Khanna who are the advocates on record for the respondent/appellant in the Superior Court.</em></p><p><em>3. The Notice of Appeal purports to give appellant’s intention to appeal against a “Ruling” given on 3</em><em>^rd</em><em> April, 2003 whilst the only decision delivered on the said date was a “Judgment”.</em></p><p><em>4. The Record of Appeal does not contain the Amended Chamber Summons filed in the Superior Court on the 21</em><em>^st</em><em> December 2001 together with the affidavit attached thereto, the Affidavit of the process server for the service of summons. Decree giv…</em></p>