TABAI JCA (Delivering the Lead Ruling): This motion filed on the 25th April, 2005 seeks the following reliefs:-
“(i) An order for extension of time within which to apply to set aside the certificate as to non-compliance with conditions imposed upon a would-be appellant (id est Civil Form 16) issued in this case.
(ii) An order setting aside the certificate as to non-compliance with conditions imposed upon a would-be appellant ( id est Civil Form 16) issued in this case.”
And the grounds for the application are stated to be:-
“(a) Non-service on the appellant/applicant of summons to parties by registrar to settle record (id est Civil Form 6).
(b) Lack of jurisdiction by the registrar to issue Civil Form 6 on the appellant/applicant, which is a government department.”
The application was supported by a 12 paragraphed affidavit to which were attached exhibits A, B and C and a further-affidavit of 5 paragraphs.
The 5th respondent filed a counter-affidavit of 6 paragraphs and a further cou…