PRIME BANK LIMITED V. D.J.LOWE & COMPANY LIMITED

RULING OF THE COURT

The applicant, Prime Bank Limited seeks to have the notice of appeal dated 1^st December, 2011 deemed to have been withdrawn and/or be struck out pursuant to Rules 83 and 84 of the Court of Appeal Rules. Those two rules provide as follows;

“83. If a party who has lodged a notice of appeal fails to institute an appeal within the appointed time he shall be deemed to have withdrawn his notice of appeal and the Court may on its own motion or on application by any party make such order....

84. A person affected by an appeal may at any time, either

before or after the institution of the appeal, apply to the Court to strike out the notice or the appeal, as the case may be, on the ground that no appeal lies or that some essential step in the proceedings has not been taken or has not taken within the prescribed time.”

In a ruling delivered by Okwengu. J. (as she then was) on behalf of Ibrahim, J. (as he then was ) on 29^th November, 2011, the latter held that the respondent’s sui…