RULING
It is now emerged that there is another difficulty in the path of the applicant, Mr Bernard Magoha, in that his notice of appeal does not contain the name of the 5th defendant in the High Court, namely Mr Osodo Obuny, who is clearly a person directly affected by the appeal under rule 76(1)l of this court’s Rules. Then there is the doubt as to the date of filing, which was heavily emphasises by Mr Gumba, on behalf of the respondents 2 and 3 to this application. He pointed out that the date of the fee receipt was April 1, 1985, 5 days out of time, and, curiously, the original of the notice of appeal cannot be traced. We are left with copies, one of which shows the court stamp as dated “March 2, 1985” and another on which the figures “26” were written in front of the stamped words “March 1985”.
It does therefore appear, that this notice of appeal was bad at its inception, but, even if that were not so, as Mr Gumba says, the appellant is shown demonstrably to have lied about sending …