RULING OF THE COURT
This is an application by way of notice of motion brought under Rules 80 and 42 of the Court of Appeal Rules (the Rules) in which the applicant (respondent in the appeal) seeks an order that the notice of appeal be struck out on the ground that the same was served on the applicant out of time, contrary to Rule 76 (1) of the Rules.
The facts are not in dispute. The notice of appeal was lodged at the superior court registry on 27th July, 2010 within the required fourteen days after delivery of the judgment by the superior court, the subject of the appeal herein. However, it was not served upon the respondent until 23rd September, 2010, a delay of almost two months.
In his replying affidavit, Mr. William Wameyo, learned counsel for the respondent, admits these facts, and attributes the delayed service to “oversight and confusion” in his office.
Mr. Ayub Muhuni, learned counsel for the applicant, has not demonstrated to us what prejudice, if any, his client has suffered be…