As counsel for the Respondent has also filed their submissions on the appeal and it is never the intention of this court to throw out a party from the seat of justice, let us now not dwell on the two applications filed to dismiss the appeal but on the main appeal. The two applications shall in the premises be marked as struck out but with an order that the Appellant/Respondent shall pay thrown away costs of Kshs.6,000/- to the Respondent/Applicant. The appeal shall then be determined on the submissions filed.
ORDERS:
(1) Mr. Ombasa to serve his submissions by close of day today.
(2) Once served, Mr. Wangai shall then have 7 days to file further submissions.
(3) Judgment on 27/03/2025.