On 11 May 1998 this court ordered the parties to this appeal to comply with rule 20 of the Court of Appeal Rule, 1997 (CI 19). On 1 June 1998 the appellant in compliance with the order filed their statement of case. The record shows that the respondent failed to file his written submission in answer to the appellants’ written submission within three weeks as required by rule 20 (4) of CI 19. As a search conducted by the solicitor of the appellant’s reveals, the respondent was served with a copy of the appellants’ statement of case on 4 July 1998. But the respondent failed to file his statement of case within three weeks. He filed it on 8 January 1999. That is out of time by six months.
The application before us is a prayer for an order striking out or expunging the statement of case filed on behalf of the respondent. Learned counsel for the appellants has not indicated on his motion paper the rule under which he is invoking the power of the court. I have car…