RULING
John Patrick Machira, trading as Machira and Co, Advocates, as respondent in this appeal, has moved this Court under rule 80 of the Court of Appeal Rules (the Rules), for an order striking out the appeal on the grounds firstly, that an essential step in the proceedings has not been taken. He contends that essential pleadings and proceedings were omitted from the record of appeal during its preparation and their exclusion renders the appeal incurably defective and therefore incompetent; and secondly, that the notice of appeal in the appeal is incurably defective.
Abok James Odera, trading as A J Odera and Associates, is the appellant and the respondent in the application. He does not think the excluded documents are essential, nor, in his view, that their omission renders the appeal incompetent. An earlier appeal, to wit Civil Appeal No 176 of 1998, which he brought to challenge the same ruling and decree as herein was, on 9th July, 1999 struck out for the same reason given for se…