PAUL JOHN KIMANI
V.
ANDREW KARIUKI NJOROGE & ANOTHER

RULING OF THE COURT

Before us is a Notice of Motion dated 22^nd March, 2019 and filed in the Court’s Central Registry at Nairobi on the same day. It is premised on Rule 83 and 84 of the Court of Appeal Rules (CAR). It seeks prayers as follows:

“(1) That the Notice of appeal filed by the 1^st respondent be struck out

(2) That the costs of the application be paid for by the 1^st Respondent.”

It is supported by an affidavit of John Paul Kimani deposed on his own behalf together with annextures thereto. It has been opposed by way of a replying affidavit of Andrew Kariuki Njoroge, the 1^st respondent together with annextures thereto, deposed on 9^th April, 2019 and filed on 11^th April, 2019.

The application was canvased by way of oral submissions. The applicant appeared in person, learned counsel J. K Thuku holding brief for Alice Wahome appeared for the 1^st respondent, while W. A Merichi appeared for the 2^nd Respondent.

In a brief submission, Mr. Kimani reiterated the content of his supporting docum…