JUDGMENT OF THE COURT
When this appeal came up for hearing on the 31st day of January, 2002 the respondent, that is Messrs. Kigano and Associates Advocates through Mr. G.B.M. Kariuki who appeared for the said law firm with Mr. Kahonge, argued first, the application lodged in this appeal, in this Court on 4th October, 2001. That application sought an order to strike out the appeal on the grounds that the provisions of rule 85(1) and/or 85(2) of the Rules of this Court (the Rules) had been 'offended' by the appellant. To that ground Mr. Kariuki added a further ground for striking out the appeal. The further ground for striking out is that the appeal itself was not instituted within the time prescribed by rule 81 of the Rules. We allowed Mr. Kariuki to argue that further ground. We heard both parties and reserved our ruling to be given together with the judgment in this appeal. We do so now.
We will deal, first, with the ground relied on by Mr. Kariuki to the effect that this appeal was no…