JUDGEMENT
F.G. KORBIEH, J.A.
It may be recalled that this appeal was slated for judgment on the 27/4/2012 but the judgement did not come on because the Court wanted to be satisfied on the issue: whether or not the notice of appeal filed on the 19/11/2010 appealing against the judgment delivered on the 9/7/2010 without leave of the Court is properly before the court. The Court therefore directed the parties and/or their counsel to file supplementary written addresses to bespeak that matter. The Court subsequently received the supplementary written addresses from both sides. It was argued for and on behalf of the defendant/appellant that the notice of appeal filed on the 19/11/2010 was proper and not out of time because of the following reasons: the judgment delivered on the 9/7/2010 was delivered in the absence of the defendant/appellant. Order 36 rule 2(1) of the High Court (Civil Procedure) Rules, 2004 (C.I. 47) provides that a judge may set aside or vary, on such terms as are just, a …