RULING OF THE COURT
The applicant, through his counsel T. T. Aswani, Advocate, filed in this Court an application by way of Notice of Motion on 12th November 2002 under rule 80 of the Court of Appeal Rules for striking out of the Notice of Appeal filed herein by the respondent on 12th March 2002.
The grounds on the face thereof and the averments in the affidavit in support were that though judgment in High Court Civil Case No. 2866 of 1995 was delivered on 6th March 2002 and the Notice of Appeal filed on 12th March 2002 aforesaid and that the same respondent applied for copies of proceedings of that case on 11th March 2002, no other step had been taken to prosecute the intended appeal.
It stated further that in fact on 22nd August 2002 the applicant’s counsel gave notice of seven (7) days to the respondent of his intention to come to this Court with this application if the respondent took no steps to lodge the intended appeal but that no such step had been taken.
In this Court yesterday c…