RULING OF THE COURT
The application before us, expressed to be brought under rules 42(2) and 80 of the Court of Appeal Rules, seeks an order striking out a notice of appeal filed on 19th November, 2004, by Twiga Chemicals Industries Limited, the respondent, on the grounds that no appeal lies and also that an essential step in the proceedings has not been taken or has not been taken within the prescribed time.
The applicant, Allan Stephen Reynolds, a South African and a former employee of the respondent, was the successful party in Nairobi High Court Civil Case No. 2772 of 1997, in which he had sued the respondent for various liquidated sums for alleged breaches of his contract of employment with the respondent which was terminated on 3rd October, 1997. These breaches related to, non payment of school fees by the respondent for the applicant’s daughter, failure to meet removal expenses for the applicant’s personal effects on his return to his country, and also the value of the applicant’…