RULING OF THE COURT
Before us is a notice of motion stated to have been brought under Rules 42, 43, 74, 80 and 81 of the Court of Appeal Rules, in which the applicant, Daima Bank Limited seeks the following orders:
"1.THAT the Notice of Appeal filed herein on 19th May, 2000 by the respondent be struck out.
2.THAT the costs of the application be borne by the respondent in any event."
This application is brought on the following grounds:-
"1.THAT the Notice of Appeal dated 19th May, 2000 is incurably defective both in form and substance.
2.THAT the respondent herein has failed to take essential steps to institute the appeal.
3.THAT the time permitted by the rules for lodging the appeal has since expired".
When this matter came up for hearing on 6th June, 2001, it was submitted by Mr. Njuguna for the applicant that the notice of appeal was on the face of it defective since the judgment to be appealed from was delivered on 18th May, 2000 while the notice of appeal is back-dated 19th May, 1999, wi…