RULING OF THE COURT
This is an application by the successful plaintiff in the superior court which entered judgment against the defendant on 21 December 1999. The defendant gave a notice of appeal on 22 December, 1999 but no appeal has yet been filed. In these circumstances, an application has now been made on behalf of the plaintiff under rule 80 of the Court of Appeal Rules to strike out the notice of appeal since it has ceased to be in existence as no record of appeal was filed within the prescribed time. In the supporting affidavit, it is deponed that no application to extend time is pending or has been granted. Further, a copy of the judgment was certified on 16 February, 2000.
The application is opposed. In the replying affidavit, it is deponed that an application was made to the Deputy Registrar on 22 December, 1999 requesting for copies of the proceedings and the same was copied to the applicant pursuant to rule 81 of the Rules. Reliance is placed on the fact that subsequent to …