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Bivac International v. Chieni Enterprises Limited & Attorney General (For And On Behalf of the Minister for Finance

(2015) JELR 106837 (CA)

Court of Appeal  •  Civil Application 301 of 2014  •  3 Jul 2015  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Erastus Mwaniki Githinji, Philomena Mbete Mwilu

Judgement

RULING OF THE COURT

CHIENI ENTERPRISES LIMITED (1st respondent) was the unsuccessful party in the High Court below following which it took out a Notice of Appeal which it filed in that court on the 15th November, 2010. It would appear that nothing more was done by the 1st respondent giving rise to the filing in this Court by BIVAC INTERNATIONAL (appellant/applicant) of the notice of motion dated the 11th November, 2014, which motion seeks orders that the 1st respondent be deemed to have withdrawn its Notice of Appeal, and for the costs of the application.

That motion is premised on the grounds that though the 1st respondent applied for typed and certified proceedings and judgment on the 15th November, 2010 and further that it was notified by the registrar of the High Court on 23rd July 2013 that such typed and certified proceedings and judgment were ready for collection, the 1st respondent had failed to institute its appeal within the prescribed time and it had not sought leave of the c…

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