RULING OF THE COURT
On the 14th March 2002, Ringera J (as he then was) dismissed a suit filed by Pullin Harakchand Shah (hereinafter referred to as the applicant) for non-attendance. The applicant was aggrieved with that order and he lodged a notice of appeal on the 20th March 2002. He subsequently filed Civil Appeal No. 166 of 2002 which was slated for hearing on the 14th March 2007. On the hearing date, the applicant applied to withdraw the appeal, and was allowed to do so by this Court.
The applicant then filed an application under rule 4 of this Court’s rules seeking an extension of the time within which he could lodge a fresh notice of appeal and file the record of appeal. That application was allowed by O’Kubasu J.A. The learned judge granted the applicant leave to lodge the notice of appeal within seven days of the 16th July 2007, and to file and serve the record of appeal within fourteen days from the date of lodging the notice of appeal.
The applicant complied with the order to …