RULING
By an application dated 9th June 2020, the applicant seeks an order to strike out the notice of appeal dated 22nd May 2018, or in the alternative the said notice of appeal be deemed as withdrawn with costs to him.The application is premised on grounds that pursuant to the trial court’s judgment that was delivered on 16th May 2018, the respondents filed a notice of appeal on 22nd May 2018 and served it on the applicant on 24th May 2018 but since then the respondents have not filed the memorandum of appeal within the statutory period of sixty (60) days or at all.
In response, the respondents do not deny that they have not filed the memorandum of appeal. They however argue that under rule 84 of this Court’s Rules, the application ought to have been filed within thirty days from the date of service of the notice of appeal but was filed almost two years after such service. They therefore urged this Court to deem the notice of appeal as withdrawn with costs to them.
In the circumstance…