RULING OF THE COURT
Before court is a Notice of Motion dated the 19th day of August 2014 and lodged in this court’s Sub-Registry at Nakuru on the 4th day of September 2014. It is brought under Rules 42, 75(b), 82 and 84 of the Rules of this Court 2010, and all other enabling procedures of the law. It substantively seeks an order of this Court to strike out the Notice of Appeal dated the 7th day of November 2013 filed by the applicant herein and lodged with the Registrar of the High Court of Kenya at Nakuru on the 18th day of November 2013. It is supported by the grounds on its body and the supporting Affidavit. It has been opposed by a Replying Affidavit deposed by Gachanja Gathoni on the 16th day of February 2016 and filed in this Courts Sub Registry at Nakuru on the 17th day of February 2016.
On the hearing date, learned Counsel Mr. Ndolo appeared for the applicant, while M/S Gachanja Gathoni appeared for the 1st and 2nd respondents.
In his submissions before Court Mr. Ndolo has urged …