RULING
I recognize the force of that which Mr Munikah says, namely that the first appellant, who was the one who apparently gave the instructions, went out of the country knowing that Judgment was imminent. True, the date was changed to the 8th August, but that does not alter the essential fact in that he had no business to leave his advocate without instructions. Moreover, as Musoke J A said, in NJAGI v. MUNYIRI[1975] EA, 179 at p 180, (and as I have had occasion to remark recently, in MUITA NJUGUNA v. GITHERE, CIVIL APPEAL NAI 33 OF 1983), a Notice of Appeal is a formal document, simple in terms, and is filed almost as a matter of course. Mr Raballa could have filed one, as a matter of prudence.
That having been said, it cannot be gainsaid that the delay in filing the application for extension is not great, the period expiring on 22nd August and the application being filed on 7th September, some 16 days later. In KAWUKA v. KARIM 5 [1937] EACA, 37, for instance, the delay in filing the…