RULING OF THE COURT
This is an application under rules 42, 43 and 80 of the Court of Appeal Rules for striking out the appeal. The grounds upon which the order is sought are that:-
(a) The decree attached to the record of appeal is invalid it having been extracted without approval or notice or settlement contrary to Order XX Rules 6 and 7 of the Civil Procedure Rules.
(b) The decree attached and as extracted does not reflect the judgment of the court and is also undated.
(c) The attached certificate of delay is inaccurate and invalid and consequently therefore the record of appeal is invariably defective and incompetent as the same was filed out of time prescribed of the lodging of appeals.
On 18th May 2007 the late Kaburu Bauni, J delivered judgment by which he allowed the respondent’s appeal and ordered as follows: “The lower court’s judgment is hereby set aside and substituted with an order allowing the appellant’s case and awarding him Shs. 102,498/- with costs both in the lower …