SOUTH EASTERN KENYA UNIVERSITY
V.
UKAMBA AGRICULTURAL INSTITUTE

RULING OF THE COURT

[1] Before us is a notice of motion dated 28^th March, 2018 by South Eastern Kenya University (applicant) seeking to strike out the notice of appeal dated 21^st December, 2017 which was filed by Ukamba Agricultural Institute (1^st respondent). The application is supported by the grounds stated on its body thereto and matters deposed to in the supporting affidavit sworn by Robai Musilive on 28^th March, 2018.

[2] Briefly, the applicant contends that on 18^th December, 2017 the High Court dismissed the 1^st respondent’s notice of motion dated 5^th October, 2015. That on 21^st December, 2018 the 1^st respondent filed a Notice of Appeal but only served the applicant on 1^st March, 2018 which is outside the period provided under Rule 77 (1) of the Court of Appeal Rules which requires an intended appellant to serve all persons directly affected by the appeal within seven (7) days. The 1^st respondent did not serve the applicant with a letter bespeaking the proceedings of the High Cou…