RULING OF THE COURT
This is an appeal against the order of the superior court (Aluoch, J.) given on 18th November, 1993 whereby she ordered one half share of land known as L. R. 1159/94 Karen be granted to the respondent absolutely. It was made pursuant to an application made by the respondent under section 26 of the Law of Succession Act and Rule 45(1) of the Probate and Administration Rules. An application for leave to appeal was made on 25th March 1994 and granted on 3rd June, 1994.
On 19th May, 1994 the respondent filed an application in this court by way of notice of motion seeking to strike out the appeal on ground that leave to file the same was obtained out of time. It is not in dispute that at the time of the hearing of this appeal such application had been neither abandoned nor heard but was still pending.
An appeal to this Court from the decision of the superior court in the instant case lies only with the leave of the superior court an application for which, the respondent co…