This is an application to strike out a Notice of
Appeal filed by the respondents/ (intended
appellants). The application also prays for an
order that no appeal lies in this court. The
ground of appeal is that is that the respondent
has failed to take the essential step of filing the
appeal within 60 days of filing the notice of
appeal as required by Rule 78(1) of the Rules

of this Court. The background is that the
applicant succeeded at appeal and the
respondent filed a notice of appeal before
ascertain a record of the proceedings. The
respondent averred that the record was
produced not as indicated hence the delay. The
applicant contended that the respondent didn’t
take the necessary steps and the appeal was
therefore incompetent.