The Appellant instituted the present appeal seeking to
challenge the decision of the High Court (Commercial Division). The Respondent
successfully sued the Appellant for breach of the distribution agreement.
Aggrieved, the Appellant instituted the present appeal. The Respondent raised a
preliminary objection to the effect that, the appeal is incompetent for failure
to comply with rule 106(1) of the Court of Appeal Rules. The issue before the
Court is whether or not the appeal should be dismissed following failure by the
Appellant to file written submission in support of the appeal within sixty days
after lodging the appeal.