R U L I N G
1. In this application, the applicant Joseph Owotsi Walwanga, seeks an order extending the time within which to file and serve a Notice of Appeal and thereafter a Record of Appeal.
The applicant contends that he could not file the notice of appeal timeously because on the date the ruling of the superior court, dated 18th January, 1999, was delivered he was not in court and he had not been given any prior notice that it would be delivered on that day. Mr Owinyi for both the respondents, concedes that the applicant was absent on the date of the ruling and cannot possibly controvert his assertion that he was not notified of the date of the ruling.
2. In the circumstances, and on the evidence before me, I am satisfied that the applicant has shown reasonable grounds for failing to file and serve a notice of appeal within the prescribed time in our rules, and in exercise of my discretion under rule 4 of the rules and extend the time within which to file and serve a notice of appeal…