RULING OF THE COURT
By an application dated and filed in this Court on 14th September, 2005 the applicant/respondent applied for the striking out of the Notice of Appeal dated and filed in Court on 12th March, 2004. The application also sought the striking out of Civil Appeal No. 191 of 2005 filed in this Court on 15th August, 2005, and a further order that the costs of the application and the appeal be awarded to the applicant/respondent. It was based on the grounds set out on the face thereof, namely; that:-
“(a) The notice of appeal herein is ex-facie invalid and incurably defective,
(b) No valid Notice of Appeal has been filed and served against the decision made on 3rd March, 2004
(c) The Record of Appeal filed herein is incurably defective
(d) The Record of Appeal filed herein does not contain essential primary documents
(e) In the premises an essential step in the proceedings had not been taken within the prescribed time.
A supporting affidavit deponed to by Mr. Gitonga, learne…