RULING OF THE COURT
The application which came up for hearing before us on 17th March, 2011 was by way of Notice of Motion expressed as having been brought under
“Rule 42(1) and (2) and 80 of the Court of Appeal Rules. There was only one prayer sought in that application and that was:-
“THAT The Honourable (sic) be pleased to strike out Civil Appeal No. 312 of 2009 with costs.”
The application was brought on the following grounds:-
“1. That the appellant, namely PREMIER DIARY LIMITED, was not a party in the High Court proceedings in Kisumu High Court Civil Case No. 61 of 2001.
2. THAT the appellant did not issue any Notice of Appeal upon which the present appeal can be premised as required under Rule 74 of this court’s rule.3. THAT by virtue of ground 2 above the court lacks jurisdiction to entertain this appeal.4. THAT the applicant will rely on the record of appeal filed on 21st December, 2009 herein to argue the motion.5. THAT the appellant did not seek leave of court to be joined as a p…