The applicant has filed this application seeking to strike
out the Notice of Appeal filed by the Respondent against the decision of the
High Court (Land Division) for failure to take essential steps to prosecute the
appeal. Before the hearing started the applicant rose to tell the Court that
the Respondent did not file reply submissions and thus he applied to proceed ex
parte despite the presence of the learned Counsel for the Respondent.
However, after perusal of the record it was found that the written submission
by the Respondent were filed, though not served on the Appellant. The issue
before the Court is whether the Respondent has not taken essential steps to
prosecute the appeal.