RULING OF THE COURT
For a long time, the appellant Richard Akwesera Onditi, has laboured to file a valid record of appeal in this Court. His last effort ended by his filing Civil Appeal No. 329 of 2009 which he lodged in the Registry of the Court at Kisumu on 31st December, 2009. But as soon as the respondent Kenya Commercial Finance Corporation was served with the record of appeal, it lodged a notice of motion dated 25th January, 2010 seeking an order that the appellant’s latest appeal be struck out on the ground that: “(i) the certified copy of the decree contained in the record of appeal does not agree with the judgment and the pleadings in the superior court; (ii)the appellant has omitted some primary documents from the record of appeal, and in law, that omission cannot be cured by filing a supplementary record of appeal. (iii) the omission of primary documents was done without the requisite leave of the Deputy Registrar of the superior court; and (iv) the prayers in the memorandum…