JUDGMENT OF THE COURT
By the notice of motion dated 29th August 2016, the applicant Mae properties Ltd seeks to strike out or have deemed as withdrawn the respondents’ notice of appeal dated 25th May 2015 and filed the next day at the High Court registry. The said notice was lodged in signification of an intention to appeal against a ruling of Gikonyo, J delivered on 18th May 2015.
The motion is expressed as brought under Rules 83 and 84 of the Court of Appeal Rules 2010, among other provisions of the law. The grounds on which it is based appear on its face as follows;
“i. The ruling intended to be appealed from was delivered by the superior court on 18th May 2015.
ii. The intended appellants, the respondents herein, lodged their notice of appeal in the High Court registry on 26th May 2015.
iii. The respondents were required to have instituted their appeal within sixty (60) days of lodging their notice of appeal.
iv. The respondents have not instituted their appeal; it is now 455 days after…