<p class="ql-align-justify">RULING OF THE COURT</p><p class="ql-align-justify">Before us is an application by way of Notice of Motion expressed as being brought pursuant to <em>“Appellant (sic) Jurisdiction Act</em> (Cap 9 Laws of Kenya) and under <em>Rule 83</em> <em>Court of Appeal Rules.”</em> In this application, the applicant <em>Navinchandra Bharmal Shah</em> seeks an order </p><p class="ql-align-justify"><em>“that the Intended Applicant/Respondent is deemed to have withdrawn Notice of Appeal dated 15</em><em>^th</em><em> day of March, 2010 and filed in Court on 22</em><em>^nd</em><em> March, 2010 in this Court.”</em> </p><p class="ql-align-justify">The application is brought on the following grounds:-</p><p class="ql-align-justify"><em>“1. The intended Appellant/Respondent has not taken further steps after filing Notice of Appeal dated 15</em><em>^th</em><em> March, 2010 and filed in this Court on the 22</em><em>^nd</em><em> March, 2010 to lodge an appeal till to date after one year.</em></p><p class="ql-align-justify"><em>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.</em></p><p class="ql-align-justify"><em>3. That this Honourable Court do…</em></p>