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…But on December 12, 1987, the successful respondent brought this motion and prayed that the Record of Appeal be struck out and the appeal itself be dismissed with costs.…

…We hold that it is incompetent and accordingly strike it out with costs. We also discharge and revoke the stay of execution granted by this Court pending the hearing and determination of the appeal.…

…Costs of this application will be costs in the intended appeal Dated and delivered at Nairobi this 5th day of February, 1997. A. B. SHAH ...................…

…I ask that plaint be dismissed with costs.” From the foregoing it would appear to us that the matter was first called at the appointed time, but was stood over to later in the afternoon of the same day.…

…He therefore proceeded to dismiss the application with costs and thereby provoked this appeal.…