RULING OF THE COURT
This is an application by way of notice of motion expressed as having been brought “Under Rule 80 And 85(1) (C) and (D) of the Court of Appeal Rulesand Section 34 of The Advocates Act, Cap.16 of the Laws of Kenya”, in which the applicant, MAHAMUD MUHUMED SIRAT seeks the following orders:-
“1. THAT the Record of Appeal filed herein on the 17th February, 2010 be struck out.
2. THAT the costs of this application and the appeal be awarded to the Applicant.”
The application is brought on the following grounds:-
“a) THAT the Record of Appeal dated 17th February, 2010 is materially, fatally and incurably defective.
b) THAT the Record of Appeal does not include Primary Documents as provided under Rule 85(1), (c) and (d) of the Court of Appeal Rules.
c) THAT the Record of Appeal excludes material pleadings, affidavits in evidence and exhibits that are before the superior court.
d) THAT the exclusion of the said documents renders the Record of Appeal incurably defective, and the…