RULING OF THE COURT
This is the second time Allan Stephen Reynolds, the applicant herein, is coming before this Court with an application under rule 80 for the striking out of one or the other thing regarding the appeal lodged by Twiga Chemical Industries Ltd, the respondent. The first motion to strike out was in respect of the notice of appeal which the respondent had lodged in Court on 19th November, 2004, in which the respondent had expressed its intention to appeal against the decision of the superior court made and delivered on 12th November, 2004. The motion to strike out the notice of appeal was lodged in the Court on 25th April, 2005. It was heard and dismissed by the Court on 8th June, 2007 and as at the time of its dismissal Civil Appeal No. 300 of 2006 had been lodged in the Court on 20th December, 2006. On 9th February, 2007, the applicant once again returned to the Court with another notice of motion seeking not only the striking out of the record of appeal itself (prayer …