WILLIAM MWANGI NGURUKI V. BARCLAYS BANK OF KENYA LTD

RULING OF THE COURT

Before us is an application dated 14^th January, 2014 seeking that the Notice of Appeal filed herein on 14^th January, 2013 be struck out on the ground that:

“no appeal lies against the Respondent/Judgment-Debtor having failed to file its Record of Appeal within sixty (60) days from 14^th January, 2013 after service of the Notice of Appeal as provided by Rule 82 of the Court of Appeal Rules, 2010.”

The application is brought under Rule 84 of this Court's Rules. That Rule states as follows:

“A person affected by an appeal may at any time, either before or after the institution of the appeal, apply to the Court to strike out the notice or the appeal, as the case may be, on the ground that no appeal lies or that some essential step in the proceedings has not been taken or has not been taken within the prescribed time.

Provided that an application to strike out a notice of appeal or an appeal shall not be brought after the expiry of thirty days from the date of service of the …