BIVAC INTERNATIONAL V. CHIENI ENTERPRISES LIMITED & ATTORNEY GENERAL (FOR AND ON BEHALF OF THE MINISTER FOR FINANCE

RULING OF THE COURT

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notice of motion dated the 11^th November, 2014, which motion seeks orders that the 1^st respondent be deemed to have withdrawn its Notice of Appeal, and for the costs of the application.

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