DELPHIS BANK LIMITED (NOW ORIENTAL COMMERCIAL BANK LTD)
V.
CHANNAN SINGH CHATHE & 5 ORS.

RULING OF THE COURT

This is yet again one of those endless motions within this appeal, i.e. Civil Appeal No. 179 of 2008, to have the record of appeal struck out for one reason or the other. The motion is under rule 80 of the Court’s Rules. Seven grounds were listed as the basis for striking out the appeal. They are:-

“1. THAT the Notice of Appeal dated 23^rd July, 2008 and filed on 24^th July, 2008 was not served upon the Applicant’s advocates.

2. THAT the Applicant will rely on the Record of Appeal to argue out the application.

3. THAT the Applicant does not have the legal capacity to institute or lodge the Notice of Appeal and the Record of Appeal thereof.

4. THAT the Memorandum of Appeal contains grounds challenging some decisions made by Tanui, J. on 4^th May, 2005 which no Notice of Appeal was issued thereof.

5. That no leave was sought to appeal from the decision of Tanui, J. for refusal to grant an application for adjournment

6. That the Record of Appeal does not contain primary documen…