RULING
The applicant, Consolidated Finance Bank Limited, lodged in this Court on 12.10.2012 an application by way of a notice motion dated 12.10.2012 in which it sought the following orders:
That the applicant be granted leave to file and serve a notice of appeal out of time.
That the notice of appeal filed on 8th October 2012 and served on the respondent on the same date be deemed to have been filed and served within such extended time.
That the costs of this application do abide the result of the said appeal.
The application shows that in the High Court in Civil Suit No.2723 of 1998 the applicant was the defendant and Kapurchand Depar Shah, the respondent herein was the plaintiff. Judgment in the suit was delivered on 21st September 2012 in favour of the respondent. The applicant herein was ordered to pay to the respondent as special damages Shs.348,000/=, and as general damages Shs.300,000/=. In addition the Court issued an order restraining the applicant from interfering with the respo…