Brooke Bond (K) Ltd v Gezzam
The bottom line
#Kenya's Court of Appeal confirmed that a notice of appeal left unprosecuted for six years is deemed withdrawn, with costs against the defaulting party.
What this practically means
#Executive summary
#Key legal issues
#Whether an unprosecuted notice of appeal should be deemed withdrawn under Rule 83
The notice of appeal filed six years earlier without any step to institute the appeal is deemed withdrawn; the appellant's inaction and failure to respond showed loss of interest.
Rule 82 required the appellant to institute the appeal within 60 days of filing the notice. Six years passed with no step taken and no explanation offered, and the appellant did not even respond to the motion. The court therefore found it appropriate to deem the notice withdrawn under Rule 83, which also renders the defaulting party liable for costs.
Legal principles established
#- A party who lodges a notice of appeal but fails to institute the appeal within the appointed time is deemed to have withdrawn the notice, and the court may so order on application, with the defaulting party liable for costs.
Court orders
#- 1.The notice of appeal dated 9 October 2013 filed by the respondent is deemed withdrawn
- 2.The applicant's motion is allowed and orders issued as prayed in the motion
- On appeal from
- Industrial Court of Kenya at Mombasa
- Civil Suit No 40 of 2013 (Formerly Mombasa HCCC No. 83 of 2006)
- Jurisdiction invoked
- Sections 3A & 3B of the Appellate Jurisdiction Act and Rule 83 of the Court of Appeal Rules 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Brooke Bond (K) Ltd v Gezzam", Case Analysis (2022). Civil Application 6 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/667/eng@2022-07-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.