RULING OF THE COURT
[1] By a motion on notice dated the 15th November, 2016, PRAVIN VORA t/a VORA CONSTRUCTION (the applicant) seeks, inter alia, that the notice of appeal lodged by SYNRESINS LIMITED (the respondent) be struck out and the security deposited be released forthwith to the applicant with accrued interest.
[2] The respondent, who was the Plaintiff in Nairobi H.C.C.C No. 1095 of 2003, was aggrieved by the judgment of the High Court (Sergon, J.) delivered on the 19th February, 2016; the High Court not only dismissed the respondent’s suit with costs but also entered judgment for the applicant who had filed a counter claim for the sum of Kshs. 5,000,000/= for breach of contract together with interest and costs.
[3] The applicant’s motion before us is brought under Rule 84 of the Court of Appeal Rules and is supported by an affidavit sworn by the applicant’s advocate, Isaiah Mudambi Mandala on the 15th November, 2016.
[4] In brief, the applicant contends that the respondent lodged …