ATTORNEY GENERAL
V.
SMALL WONDER LIMITED

RULING OF THE COURT

This is an application under Rule 80 (now rule 82) of this Court’s Rules in which the applicant, SMALL WONDER LTD., seeks an order that the record of appeal filed on 15^th June, 2009 be struck out. The applicant is also asking for the costs of the application. The application is brought on the following grounds:-

“1. That the appellant failed to lodge its notice of appeal within the time prescribed by the rules and hence the appeal is incompetent.

2. That judgment against the Appellant was passed on 3^rd February, 2009.

3. That the time for lodging the notice of appeal elapsed on 17^th February, 2009.

4. That appellant lodged the notice of appeal on 18^th February, 2009.

5. That the notice of appeal was therefore lodged one day late without the leave of the court.”

The application is supported by the sworn affidavit of Renato Pieia. In that affidavit, the said Renato Pieia states inter alia:-

“3. THAT the Appellant lodged its notice of appeal on 18^th February, 2009, one day…