RULING
The applicant’s notice of motion dated 13th March 2020 seeks an order for striking out of the notice of appeal dated 4th August 2017 or to deem the said notice as withdrawn. The application is made on two grounds. The first one is that the notice of appeal was served upon the respondent after fourteen (14) days from the date of filing, contrary to rule 77 of this Court’s Rules that requires such service to be effected within seven (7) days after lodging the notice of appeal. See Daniel Nkirimpa Monirel vs Sayialel ole Koilel & 4 Others [2016] eKLR.
The second ground is that since 7th August 2017 to date, the respondents have not filed the memorandum and record of appeal, contrary to rule 82 of this Court’s Rules, which requires that an appeal be instituted by lodging in the appropriate registry within sixty (60) days of filing the notice of appeal a memorandum of appeal and the record of appeal. See Mae Properties Limited vs Joseph Kibe & Another [2017] eKLR.
When this application…