R U L I N G
This application brought pursuant to rule 4 of the Court of Appeal Rules and dated 23rd June 2009 is seeking three orders which are:-
“1. That this Honourable Court do extend time to the applicant for filing of an appeal against the decision, ruling and order of the Honourable Mr. Justice Dulu dated 16th April 2008.
2. That the appeal and the record of appeal having been filed and served out of time be deemed to have been filed and served within the prescribed period.
3. That the costs of this application be proved (sic) for.”
As I have stated above, the application is brought under rule 4 of this Court’s Rules. The law as regards the principles guiding the Court when considering such an application is now well settled. The court in deciding such an application exercises unfettered discretionary jurisdiction which, like all such discretions, must be exercised judicially and not on the whims of the court nor capriciously. In exercising the same discretion certain principles hav…