RULING OF THE COURT
[1] By a notice of motion dated 19th October, 2016, Trufosa Cheredi Mudembei and Nevin Egesa Jedevera (herein the applicants) are seeking to have an appeal against a judgment dated 17th November, 2015 in Eldoret HCCC No. 248 of 2000 struck out. The appeal was filed by John K. Malembi (herein the respondent) through a notice of appeal lodged in the registry on 24th November, 2015.
[2] The motion was premised on an affidavit sworn by Truphosa Cheredi Mutembei on 19th October, 2016 and another sworn by Nevin Egesa Jedevera on the same date, as well as grounds stated on the face of the motion. In short, it is contented that the respondent’s appeal is incompetent and defective, as the memorandum and record of appeal were lodged out of time and without leave. Secondly, that there is no certified copy of the decree included in the record of appeal. Learned counsel, Mr. Onyinkwa who appeared for the applicants urged the Court to allow the application.
[3] The respondent objec…