RULING OF THE COURT
In a ruling dated and delivered on 18th November, 2009, Muchemi, J. allowed application filed by the first respondent in this application before us, MOSES MASIKA WETANGULA dated 19th October, 2009, reviewed a ruling delivered by Karanja, J earlier on, set it aside and struck out the applicant’s petition with costs to be paid to the respondents. The respondent in that application JOHN KOYI WALUKE felt aggrieved by that decision and sought to appeal against it. He filed notice of appeal on 24th November, 2009 but served it some few (about three) days out of time specified by the Rules of this Court. Nevertheless on 17th December, 2009, based on that notice of appeal, the respondent filed Civil Appeal NO. 13 of 2009 at Eldoret which was registered in Nairobi as Civil Appeal NO. 307 of 2009. He also filed on the same date - 17th December, 2009, a notice of motion dated 16th December,2009 in which he sought three orders namely:-
“1. That this Honourable Court be pleased t…