RULING
The Application for consideration by this Court is the Notice of Motion dated 18th June, 2019, pursuant to Rules 84 & 85 (1) of the Court of Appeal Rules seeking that:
(i) The Notice of Appeal dated 12th June, 2015, and filed on 16th June, 2015, together with all consequential orders thereto be struck out.
(ii) That costs be provided for.
The gist of the application is that the 2nd respondent has failed to file the Record of Appeal within the 60 days stipulated by Rule 82 of the Court of Appeal Rules. The application is supported by an affidavit sworn by the applicant, and is based on grounds that 4 years after filing the notice of appeal on 16th June, 2015, the 2nd respondent has never taken any steps to have the appeal filed. That the 2nd respondent has never made a request for proceedings, neither obtained the order or decree nor prepared any record of appeal within the stipulated period. Further, that no prejudice will be occasioned if the application is allowed as it is appare…