WESTMONT POWER (KENYA) LIMITED
V.
BOSLEY FREDERICK & ANOTHER T/A CONTINENTAL TRADERS & MARKETING

RULING OF THE COURT

This is an application made on behalf of the respondents Bosley Frederick and Mohamed Ali T/A Continental Traders and Marketing, expressed as having been brought under rule 42(1) and 80 of the Court of Appeal Rules seeking to strike out the appeal on the following grounds: -

“1. Pages 64, 69, 70, 74, 77, 78, 80, 81, 83 and 84 of the Record of Appeal are incompetent and illegible.

2. The Memorandum of appeal has not been signed by Messrs Kapila Anjarwalla and Khanna who are the advocates on record for the respondent/appellant in the Superior Court.

3. The Notice of Appeal purports to give appellant’s intention to appeal against a “Ruling” given on 3^rd April, 2003 whilst the only decision delivered on the said date was a “Judgment”.

4. The Record of Appeal does not contain the Amended Chamber Summons filed in the Superior Court on the 21^st December 2001 together with the affidavit attached thereto, the Affidavit of the process server for the service of summons. Decree giv…