This is a Summons to strike out notice of appeal. It is brought under Part 52.9 (1) (a) of Civil
Procedure Rules 1998 as read with Section 7(b) of the Supreme Court of Appeal Act. The applicant contends that this appeal should have been brought before the Court below, in accordance with Rule 3 of
the High Court (Exercise of Jurisdiction of Registrar) Rules, and not before this Court. Further, that it was
brought under a wrong legal provision, to wit, Order III rule 3 of the Supreme Court of Appeal Rules