WAMBUA & MASENO ADVOCATES
V.
AFRITRACK INVESTMENTS (E.A) LIMITED

RULING OF THE COURT

[1] Before us for determination is a Notice of Motion dated the 31^st August, 2018 which is brought under Rule 83 of the Court of Appeal Rules. It is taken out by

Ogembo and Associates on behalf of their client, Wambua and Maseno Advocates (applicant). The application seeks to strike out the Notice of Appeal dated 7^th October, 2015 which was filed on 7^th October, 2015 by Afritrack Investments (E.A) Limited (respondent) and that the decretal sum of Ksh 2,500,000 deposited in an interest earning account in the joint names of the counsel of the parties as per the court orders issued on 22^nd April, 2016 be released to the applicant.

[2] The application is supported by the grounds stated in the body thereto and the supporting affidavit that was sworn by Prisca Wambua on 31^st August, 2018. The grounds which we think are vital state that;

1. The ruling intended to be appealed from was delivered on 1^st October, 2014.

2. That upon being granted leave to appeal against the said ru…