RULING
July 13, 1988, Apaloo, Masime JJA and Gicheru Ag JA delivered the following Ruling.
On December 17, 1986, the High Court (Kwach Commissioner) dismissed an application for injunction brought against the respondent after a hearing inter partes. The dispute related to the possession of a shop known as Safariland Botique. The appellant was apparently aggrieved and dissatisfied with the ruling and purported to appeal to this Court. On February 5, 1987, he lodged a Record of Appeal in apparent compliance with rules 81 and 85 (1) of the Court of Appeal Rules.
The record contains a five-page ruling of the court. But it did not contain the formal order of the court. That order was extracted on September 30, 1987 and filed as a supplemental record on March 10, 1988. But on December 12, 1987, the successful respondent brought this motion and prayed that the Record of Appeal be struck out and the appeal itself be dismissed with costs.
The main reason given for this application, is that as the …