JUDGMENT
WOOD JA.
At the hearing of this appeal, the plaintiff-respondent (hereinafter referred to as the respondent) raised a preliminary objection.
The sum of the argument in support of the objection is that, since the statement of case was filed well outside the 21-day period, prescribed under rule 20 of the Court of Appeal Rules, 1997 (CI 19) as amended by the Court of Appeal (Amendment) Rules 1999 (CI 25), and the defendant-appellant (hereinafter referred to as the appellant) had not sought to do so with the leave of the court, the statement so filed is not properly before the court and the respondent was entitled to ignore it and not bound to file an answer to contest the appeal.
The appellant’s counsel does not dispute the fact that the appeal was filed outside the period set out under the rules. His counter argument is that once the appeal has not been struck out by the court, they were entitled in law, as a matter of right and without seeking any extension of time, to file their …