RULING OF THE COURT
Mr. Mboya who is appearing for the respondent to the appeal, namely, Charles Otiso Otundo, has lodged an application to have the appeal itself, Civil Appeal No. 1998 of 2000, struck out on the grounds that:
(1)The appeal was filed out of time without leave;
(ii)Essential step has not been taken in the proceedings;
(iii)the certificate of delay is defective;
(iv)The letter bespeaking copies of proceedings and ruling apepaled against is not in the record of appeal.
It is quite clear that the appellant's advocates received the requite copies of proceedings and ruling on 12th April,
2000. Mr. Mboya's argument to the effect that the proceedings are deemed to be received when the letter informing of availability of proceedings is received is fallacions. The appeal having been lodged on 8th June, 2000 is filed in time. There is no requirement for the inclusion of a copy of the letter bespeaking copies of proceedings and ruling in the record of appeal. The certificate of delay…