RULING OF THE COURT
This application by Notice of Motion made under rules 42, 80 and 81 of the Court of Appeal Rules seeks the striking out of the appellant’s appeal dated and filed in court on 16th May 2005 and for costs thereof to be awarded to the applicant. It is based on the grounds set out thereon; namely:
“1. THAT the applicant having received the certified copies of proceedings and judgment on the 8th July 2004 should have instituted the appeal by the 6th September 2004; within 60 days of 27th May 2002 when the notice of appeal was lodged excluding the time certified to have been necessary to prepare and deliver the proceedings and judgment which was certified to have been between 29th July 2002 and 8th July 2004.
2. THAT the appellant delayed in instituting the appeal by over 250 days, which delay is inordinate and without explanation.
3. THAT the appellant, though aware of the lapse of time within which to institute the appeal has not moved this court for leave to appeal out of …