RULING OF THE COURT
This is a Notice of Motion taken out by Pepco Construction Company Ltd (the second respondent) under rule 80 of the Court of Appeal Rules (the Rules), seeking an order striking out Civil Appeal No. 62 of 1993, filed by Carter and Sons Ltd (the appellant), on the ground that the appellant did not serve the notice of appeal dated 15.3.93, and lodged in Court on 18.3.93, on Karugu Contractors (Kenya) Ltd (Karugu Contractors), who was named as the second defendant in a suit brought by the appellant in the superior court against Kenya Finance Corporation Ltd (the first respondent), Karugu Contractors and the second respondent seeking, among other reliefs, a declaration that it was the owner of a certain earth-moving machine; an injunction restraining all the three defendants from interfering with the appellant's quiet possession of the machine; return of the machine or its value; and damages for conversion and loss of user.
The first respondent's defence to the appellant'…