R U L I N G
This is an application brought under rule 4 of the Rules of this court, seeking for extension of time by the applicant, beyond the time prescribed under rules 74 and 81, so as to enable him to file and serve a notice of appeal and lodge an intended appeal. The decision sought to be challenged having been given by Waki J, on 16th September 1998. In a ruling delivered on that date, the Judge on a preliminary point urged before him, set aside a third party notice issued by the applicant against Premier Savings and Finance Ltd., the 2nd respondent in this application.
The applicant has given two specific reasons for the delay in lodging the notice of appeal. In that it was lodged and served out of time due to the disappearance of the High Court file in the superior court's registry and due also, to counsels oversight. Mr. Shah counsel for the applicant explained in the affidavit he swore in support of the application and also urged before me, that on the day of the ruling, on 17…