Brooke Bond (K) Ltd v Gezzam (Civil Application 6 of 2020) [2022] KECA 667 (KLR) (8 July 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 667
- Citation
- [2022] KECA 667 (KLR)
- Decided
- 8 July 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication to deem Notice of Appeal withdrawnCoramHANNAH OKWENGU, A. K. MURGOR, F. SICHALE
Holding
The Court allows the applicant's motion and deems the Notice of Appeal withdrawn.
Facts
The appellant, Elisha Kirigha Gezzam, filed a Notice of Appeal on October 9, 2013, against a judgment and decree of the Industrial Court of Kenya at Mombasa. The applicant, Brooke Bond (K) Ltd, moved the Court to deem the Notice of Appeal withdrawn.
Issues
- Whether the Notice of Appeal should be deemed withdrawn due to the appellant's failure to institute the appeal within the appointed time
- Whether the applicant is entitled to costs if the Notice of Appeal is deemed withdrawn
Reasoning
The appellant has not taken any steps to institute the appeal since filing the Notice of Appeal 6 years ago. The Court finds that the appellant has lost interest in the appeal and deems the Notice of Appeal withdrawn.
Outcome
The Notice of Appeal is deemed withdrawn.
Orders
- The applicant is granted costs arising from the Notice of Appeal
Authorities cited
Legislation (3)
- Appellate Jurisdiction Act
- Court of Appeal Rules 2010
- Court of Appeal Rules 2022
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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