AIRTEL NETWORKS KENYA LIMITED V. NYUTU AGROVET LIMITED

RULING

1. By a Notice of Motion dated 16th March 2021, the Applicant, Airtel Networks Kenya Limited, requests this Court to dismiss Civil Appeal No. 61 of 2012 filed by the respondent, Nyutu Agrovet Limited for want of prosecution, and that costs of the application and of the appeal be borne by the applicant. The Motion is made pursuant to sections 3, 3A and B of the Appellate Jurisdiction Act, supported by (a) the affidavit of Joy Nyaga the applicant’s Director, Legal and Regulatory Affairs sworn on 16th March 2021; and (b) her supplementary affidavit sworn on 15th July 2021.

2. The applicant’s motion is made on 10 grounds, which may be summarized as follows:

   i. That on 9th December 2019 in Petition No. 12 of 2016 – Nyutu Agrovet Limited v Airtel Networks Kenya Ltd and the Chartered Institute of Arbitrators (Kenya Branch), interested party, the Supreme Court directed that the appeal herein be heard and determined by this Court expeditiously;

   ii. that the appellant has failed or neglected to fi…