R U L I N G
This is an application under rule 4 of the Rules of this Court ("the Rules") for an extension of time to file the record of appeal. It is supported by an affidavit and is based on the ground that by the time the copies of the proceedings and judgment were supplied on 26th March, 1999 the time for the filing of the apppeal had expired. As no copy for the application was sent to the other side the applicant could not avail himself of the automatic extension under the proviso toRule 81 of the Rules. This application was filed on 21 June 1999, about three months later.
It is true that under rule 4 of the Rules the Court has the widest measure of discretion. But however wide that discretion it must be judicially exercised. Mr. Mundia, for the respondent, contends and, in my view rightly, that there has been inexcesible delay. Speaking for myself I consider that a delay of about 3 months in filing this application is inordinate. What is unfortunate is that there is no explanation …