RULING
The jurisdiction of the Court in an application under rule 4, which this one is, is discretionary which discretion is not only unfettered but must be exercised on evidence and sound legal principles. The applicants, Vantage Road Transporters Ltd, and Shahid Pervez Butt have prayed that I exercise that jurisdiction and grant them an extension of time within which to file and serve a fresh Notice of Appeal. They had filed and served an earlier notice of appeal the basis upon which they lodged Civil Appeal No. 274 of 2005, which was struck out as incompetent because, firstly, a certified copy of the order appealed against had not been included in the record of appeal, and secondly, that they did not obtain prior leave to appeal against that order.
The order the applicants had sought to challenge in the struck out appeal was made on 29th July 2005, by Mwera J. and by that order the learned Judge committed Shahid Pervez Butt to Civil jail for three months for disobeying an order of in…