This application originates from the decision of the High
Court, whereby, the Respondent seeks to appeal to this Court from the judgment
of the High Court at Mwanza. Being aggrieved with the decision, she duly lodged
her notice of appeal and applied for leave to appeal to this Court. The High
Court granted the Respondent the requested leave to appeal. However, when this
matter was filed, and even at the hearing of this application, the Respondent
had not yet instituted her intended appeal. In this application the applicant
is praying to the Court to struck out the notice of appeal on the ground that
the Respondent has failed to lodge the appeal in time.

