PRIDEINN HOTELS & INVESTMENTS LIMITED V. TROPICANA HOTELS LIMITED

JUDGMENT OF VISRAM, J.A

1. Before us is an appeal against the ruling of the High Court, (Otieno, J.) dated 22^nd September, 2017 wherein a liquidation order was issued against Prideinn Hotels and Investments Limited (the appellant). However, pursuant to this Court’s order dated 8^th Febraury, 2018 Tropicana Hotels Limited’s (the respondent) application dated 21^st December, 2017, challenging the competency of this appeal, was canvassed together with the appeal. Consequently, this judgment will encompass our decision on both the application and the appeal.

2. I will first deal with the application since if it succeeds, it would definitely dispense the appeal. The application which is premised under Rule 84 of the Court of Appeal Rules (the Rules) seeks inter alia that the notice of appeal and the record of appeal be struck out for the reason that the notice of appeal was filed out of time.

3. I cannot help but note that the notice of appeal in question bears a High Court stamp indicating it …