R U L I N G:
In this Notice of Motion the applicant seeks extension of time within which to lodge a fresh Notice of Appeal and the record of appeal.
The applicant's Civil Appeal NO. 75 of 1999 was struck out on 29th September, 1999 by this Court for the reason that it was lodged out of time. According to the supporting affidavit of counsel for the applicant, certified copies of the proceedings and ruling were paid for and collected on 17th September, 1997. Certified copy of the order intended to be appealed from was not, however, received until 27th April, 1999 and thereafter the aforesaid appeal was lodged in this Court on the following day, 28th April, 1999.
On receipt of certified copies of the proceedings and ruling on 17th September, 1997 the time within which to lodge the above mentioned appeal, if the proviso to rule 81(1) of the Court of Appeal Rules, hereinafter called the Rules, was complied with, started to run with effect from that date. From the annexure marked AOW5 to the a…