RULING OF THE COURT
Before us is a Notice of Motion application dated 7th November, 2013 brought pursuant to Rules 83 and 84 of the Court of Appeal Rules (the Rules) and Section 3A and 3B of the Appellate Jurisdiction Act, Chapter 9, Laws of Kenya. The applicant seeks the following orders:
1. That the Notice of Appeal filed on the 4 t h June, 2012 in Machakos High Court Case 110 of 2011 be struck out with costs.
2. That the costs of this application be awarded to the applicant.
The grounds upon which the applicant relies on in support of his application are that the Notice of Appeal was filed on 4th June, 2012, against the High Court's ruling dated 29th May, 2012; that the matter proceeded for formal proof hearing on 4th July, 2012, judgment entered on 7th November, 2012 and decree issued on 8th November, 2012; that to date, the respondents have not challenged the decree or the proceedings in the matter neither have they filed a Record of Appeal in respect to their appeal; that the applic…