RULING OF THE COURT
1. Pickwell Properties Limited, (hereinafter referred to as “the applicant”) lodged in this court on 17th April 2014 an application by notice of motion dated 9th April 2014 seeking orders that –
“the Notice of Appeal herein dated 21 March 2013 be struck out AND the costs of and incidental to this application be paid by the Respondent to the Applicant.”
2. The background to the application is not complicated. The applicant was the respondent’s landlord in the business premises known and styled “Shankdardass House” in the City of Nairobi standing on Land Reference No.209/4283 (hereinafter referred to as “the suit premises”). The respondent carried on banking business on the ground and Mezzanine floors of the suit premises from November 1993. The terms of the tenancy were agreed on in writing and they included payment by the respondent of rent to the applicant and its mode of payment as well as the obligations of each party to the other.
3. In the year 2005, the responden…