RULING OF THE COURT
The motion before us was brought by 11 applicants seeking an order that the record of appeal filed herein on 27th June, 2008 be struck out. They also seek an order that the decretal sum, half of which is deposited in a joint interest-earning account and one other half unpaid, be released to the applicants’ advocates. Several provisions of the rules of this Court are invoked, to wit: Rules 1 (2), 41, 42, 74, 80 and 85 (2).
The six grounds upon which the application is based are stated as follows: -
“a) That the decree of the subordinate court contravenes the provisions of Order XX Rule 6 of the civil Procedure Rules and therefore renders the record incurably defective.
b) The Memorandum of Appeal filed herein is not of the decision and decree appealed against as it introduces new parties who were not in the title of the decree of the superior court namely Commissioner of Police and Attorney General as 12th and 13th respondents thereby rendering the record incurably defe…