RULING OF THE COURT
The application before us brings into focus the construction of rule 81 (2) of the rules of this Court (“the rules”) which states:-
“An appellant shall not be entitled to rely on the proviso to sub-rule (1) unless his application for such copy was in writing and a copy of it was sent to the respondent.”
The proviso referred to is not contentious here and is in these words:-
“Provided that where an application for a copy of the proceedings in the superior court has been made in accordance with sub-rule (2) within thirty days of the date of the decision against which it is desired to appeal, there shall, in computing the time within which the appeal is to be instituted, be excluded such time as may be certified by the registrar of the superior court as having been required for the preparation and delivery to the appellant of such copy.”
The application was filed by the respondent in the main appeal under rule 80 of the rules seeking an order that the appeal be struck out …