CATHERINE WAMUYU WAITHAKA & ANOTHER
V.
CHRISTOPHER KIRAGU NGIBUINI & 2 OTHERS

RULING OF THE COURT

The application before us is based on rules 76(1), 80 and 81 of the Court of Appeal Rules. It seeks an order to strike out the notice of appeal filed in Court by the firm of Kibuchi and Company advocates on 29^th September, 2004.

The application is based on two principal grounds namely:-

i. That the notice was not served within 7 days as required by the rules. ii. That the appeal is time barred as the letter requesting for copies of the proceedings was never served on the advocates on record as required by the rules.Further particulars of the grounds are set out in the affidavit of the first applicant in support of the application sworn on 4^th June 2009. At the hearing Mr Saende, advocate appeared for the applicants and Ms Diana Githuku, advocate ap peared for the 1^st respondent, while Mr Patrick Kibuchi advocate appeared for the 2^nd and 3^rd respondents. Ms Diana did not oppose the application.

In his submission, Mr Saende submitted that the decision the subject-matter …