RULING OF THE COURT
When this appeal came up for hearing on 11th March, 2015, counsel agreed by mutual consent that it be determined by way of written submissions. The Court set 22nd April, 2015 to mention it for the purpose of either highlighting the submissions or taking a date for judgment. The appeal was, as a matter of fact and pursuant to that order, listed before us on 22nd April, 2015. On record was a notice of cross appeal which had been filed the previous day, on 21st April, 2015.
Mr. Inamdar, learned counsel for the appellant objecting to the notice of cross appeal, submitted that in terms of Rule 93(2) of the Court of Appeal Rules and the holding in Mukisa Biscuit Manufacturing Co. Ltd v. West End Distributors Ltd [1969] E.A. 696, the notice of cross appeal was irregularly on record and urged us to accordingly expunge it.
Mr. Khagram, learned counsel for the respondent for his part argued that the notice of cross appeal was first erroneously filed on 19th March, 2015 in the H…