RULING OF THE COURT
Before us is an application by way of a notice of motion presented to court on 24th June, 2013. It is premised on Rule 42, 83 and 84 of the Court of Appeal Rules. Four (4) reliefs are sought namely:-
the Court of Appeal in pursuant to rule 83, order the Civil Appeal No. 128 of 2013 to have been deemed defaulted and withdrawn;
to strike out the record of appeal in Civil Appeal No. 128 of 2013;
the execution of judgment and decree by Honourable Buyan Ongaya on November 16th 2012 be allowed;
that cost of the application be borne by the respondent.
The application is grounded on six (6) grounds in the body of the application as well as a supporting affidavit deponed by Peter Karanja Kuria, the applicant, which is very brief and straight to the point together with annextures thereto.
The application is opposed by a replying affidavit deponed by Cosmas Chahenza Advocate, learned counsel currently on record for the respondent.
In a summary, the applicant’s argument is that the In…