RULING OF THE COURT
The applicant, Capt. (RTD) J.N. Wafubwa, is the respondent in this court's Civil Appeal No. 206 of 1997, in which the Ist respondent herein is the appellant. In this application which is expressed to be brought under rule 80 of the rules of this court and section 5(d) of the Court of Appeal Rules (but we think the Appellate Jurisdiction Act was intended) he asks this court to strike out the above appeal on the ground that, besides it having been instituted out of time, it is frivolous, vexatious and that it was brought for the purposes of delaying the expeditious disposal of his suit before the superior court, to wit Nairobi High Court Civil Case No. 2725 of 1994, which is still pending before that court.
It is important to state at the outset that section 5 (d) of the Appellate Jurisdiction Act, while donating the power to make rules providing for the summary determination of any appeal which appears to the court to be frivolous, or vexatious or brought for the purp…