RULING
1.Dr. Ezekiel Nyangoya Okemwa, the Applicant herein, has filed a Notice of Motion application dated 20th September 2019, brought under Rule 82 and 84 of the Court of Appeal Rules. The Applicant is seeking orders therein that the Record of Appeal dated 5th August 2019 filed herein be struck out with costs. The Applicant states in his affidavit in support of the application sworn on 20th September 2019, that from the time of service of the Record of Appeal upon his advocates on 22nd August 2019 to date, they have not been notified of the Appeal number by the Appellant, nor have they been served with a letter formally addressed to the Deputy Registrar requesting for a copy of the proceedings.
2.Further, that the Certificate of Delay dated 25th July 2019 in the Record of Appeal does not conform with the Court of Appeal rules because it did not indicate when the proceedings were typed and ready for collection by the Appellant. However, that a perusal of the Typing Dispatch book at the…