RULING OF THE COURT
This is an application under Rule 80 of the Court of Appeal Rules for an order that the notice of appeal and the record of appeal in Civil Appeal No. 64 of 2003 be struck out on the ground that an appeal by the Deposit Protection Fund Board (Board) does not lie as the Board was not a party to the proceedings in the High Court.
The appeal arises from a ruling of the superior court (Ochieng, J.) dated 16th January, 2006 allowing two separate applications filed by the respective respondents for striking out the suit. The suit was filed by THE DEPOSIT PROTECTION FUND, the liquidator of EURO BANK LIMITED (In Liquidation). In paragraph 1 of the plaint, the plaintiff described itself as the “Deposit Protection Fund, a body corporate under Section 36 of the Banking Act”. It also described itself as having been appointed on 21st February, 2002 as liquidator for Euro Bank Limited (in liquidation).
By the plaint, the plaintiff claimed Shs.804,199,888.40 as at 30th June, 2005, fr…