RULING OF THE COURT
The applicant, Berco Auto Spares Limited, has moved this Court for orders to have Civil Appeal No. 321 of 2000 struck out on two grounds. The first ground upon which the relief is sought is that the notice of appeal dated 2nd November, 2000 and lodged in the superior court on the same day was not served at all on the respondent's advocates, Messrs, Mwicigi Kinuthia and Company. We will deal with that ground first.
Mr. Kinuthia for applicant has stated, in his affidavit sworn on the 2nd day of March, 2001 in support of this application, that the said notice of appeal not having been served upon his office, the respondent has contravened the provision in rule 76(1) of the Rules of this Court which sub-rule requires that a notice of appeal ought to be served on the respondent within seven days of lodgement thereof. If that indeed was the case the respondent's appeal would be incompetent. On the other hand, Mr. Mutua who appears for the respondent says that his clerk Ale…