RULING OF THE COURT
1. The preliminary objection taken by Mr. Ngatia, counsel for the respondent, is two pronged. It concerns both substantive and procedural law. Firstly, can two notices of appeal lawfully be filed in respect to a single decision made by the superior court? Secondly, can a notice of appeal be withdrawn by a letter?
2. By a Chamber Summons application dated 27th June, 2007, the respondent applied for leave to commence Judicial Review proceedings against the applicant, which leave was to operate as a stay of the implementation of what is known as Mutual Legal Assistance to the Swiss Confederation whose details are contained in the Statutory Statement underpinning the Judicial Review Proceedings.
3. By its order made and dated 28th June, 2007 the superior court, Nyamu, J, granted the application. Being aggrieved by the said order the applicant commenced appeal process.
4. On 11th July, 2007, the applicant through Stephen Macharia Kimani, Advocate, lodged a notice of appeal.…