NAVINCHANDRA BHARMAL SHAH V. MUKESH MANUBHAI PATEL, VIJAY PARSOOARMA PATEL & PRAFULCHANDRAW CHANDUBYAI PATEL

RULING OF THE COURT

Before us is an application by way of Notice of Motion expressed as being brought pursuant to “Appellant (sic) Jurisdiction Act (Cap 9 Laws of Kenya) and under Rule 83 Court of Appeal Rules.” In this application, the applicant Navinchandra Bharmal Shah seeks an order

“that the Intended Applicant/Respondent is deemed to have withdrawn Notice of Appeal dated 15^th day of March, 2010 and filed in Court on 22^nd March, 2010 in this Court.”

The application is brought on the following grounds:-

“1. The intended Appellant/Respondent has not taken further steps after filing Notice of Appeal dated 15^th March, 2010 and filed in this Court on the 22^nd March, 2010 to lodge an appeal till to date after one year.

2. The delay in lodging Appeal and prosecution thereof in time after a period of one year has prejudiced the position of the Applicant/Respondent since he is unable to enjoy the fruits of the Decree awarded in his favour by the Superior Court.

3. That this Honourable Court do…