R U L I N G
This is an application by the amended Notice of Motion dated 27th September 2001 and lodged on 12th February 2003 for orders that :
That leave be granted to the applicant for extension of time to file and serve a fresh Notice of Appeal.
That leave be granted to the applicant for the extension of time to file the Memorandum and Record of Appeal.
That costs of this application abide the result of the intended appeal. The grounds for the application were briefly stated to be :-
That the applicant lodged the said Memorandum and Record of Appeal this being Civil Appeal No. 188 of 2000 on 26th day of July 2000 well within the stipulated time.
That the applicant withdrew the said Memorandum and Record of Appeal through a Notice of Withdraw (sic) of Appeal lodged in this Court’s registry on 14th December 2000 upon discovery that the Memorandum and Record of Appeal had not been served in accordance with the provisions of Rule 87 (1) of the Court of Appeal Rules.
The application was suppor…