RULING OF THE COURT
We have before us, by way of a notice on motion under rules 42, 52 (2) (c) and 80 of the Court of Appeal Rules, the Rules, an application by Kenya National Capital Corporation Limited and Andrew David Gregory, the applicants, asking us to strike out a notice of appeal dated 22nd March, 1993, and filed by the advocates for Omega Enterprises (Kenya) Limited, the first respondent, against the decision of the superior court (Akiwumi, J as he then was) made on 19th March, 1993.
The motion is based on one ground only, that is, that no appeal has been filed within the time limited by rule 81 of the Rules.
Mr. Esmail, counsel for the first respondent, conceded that to date no appeal has been lodged the reason being that the superior court has yet to provide his firm with the copies of the proceedings and ruling the subject matter of the intended appeal. Moreover, he added, he has not received any communication from the superior court indicating that such documents are ready f…