R U L I N G
The applicant, Sobhag D. Shah applies under rule 4 of the Rules of this Court for leave to file and serve a notice of appeal against the ruling and judgment of the superior court (Wambiliyanga, J.), dated 13th September, 1996, but allegedly delivered on either 13th or 14th August, 1996, in its Civil Case No. 288 of 1995.
The applicant had filed an earlier notice which bore the date 28th August, 1996 and pursuant to that notice, the applicant, thereafter, brought an application before this Court for stay of execution under rule 5(2)(b), but the application was struck out for being incompetent the notice of appeal having borne a date which by computation, showed that it had been filed a day out of time.
In the present application, the applicant contends that the date on that earlier notice was erroneously shown to be 28th August, 1996, because the correct date of filing was 27th August, 1996. Consequently the notice was in time. The applicant, also, contends in the alternative,…