RULING OF THE COURT
The applicant’s notice of motion dated 5th May 2016 seeks to strike out the respondent’s notice of appeal lodged on 24th June 2015. The application was supported by an affidavit sworn by John Wanyama Benjamin, the applicant herein.
The applicant has deponed that the respondent’s notice of appeal dated 18th June 2015 was lodged in the registry on 24th June 2015, and that contrary to the requirements of Rule 76 (1) of this Court’s Rules such notice had not been served upon him up to the time of filing this application. The applicant further deponed that in accordance with Rule 82 a party that failed to file an appeal within the period specified was deemed to have withdrawn the appeal. As a consequence, on account of the respondent’s failures and omissions the applicant urged the Court to find that the respondent’s notice of appeal was incompetent and to strike it out.
In a replying affidavit sworn by Wilson Kimeli Matinkwony, the respondent’s Operations Manager, it was …