RULING OF THE COURT
The applicant before us, Kenya Iron Mongers Limited, is the holder of a decree in Kisumu High Court Civil Case No. 241 of 1998, from which Civil Appeal No. 56 of 2000 has been lodged in this Court by Muhoroni Sugar Company Ltd., which was the defendant in the suit. The applicant has applied before us under rules 80, 82, 84 and 104 of the Court of Appeal Rules (the Rules), that the aforesaid appeal be struck out on three main grounds, the first one being that the memorandum and record of the appeal were filed out of time. Secondly, that the order appealed from does not accord with the provisions of Order XX rule 6 of the Civil Procedure Rules, nor was it first approved by its counsel before it was submitted to the court for approval and signature. Thirdly, that the memorandum of appeal, apart from it being addressed to the Deputy Registrar of the High Court instead of to the Judges of this Court, it does not conform with the form prescribed by the Rules of this Court…