R U L I N G
The application before me is made under Rule 4 of the Rules of this Court. Originally, it had only one prayer, which was a prayer for “leave to file a notice of appeal against the ruling and order given by the Hon. Lady Justice Olga Sewe on 2nd September, 2016” .
When learned counsel appeared before me for the hearing of the application, Mr. Wamalwa, informally requested for an amendment of the prayers to include one for leave to file the memorandum and record of appeal out of time. Mr. Mugisha, learned counsel appearing for the respondent, though being of the view that the amendment was unnecessary, nonetheless consented to the application and so the amendment was done.
I need to however, clarify at this point that the said amendment was actually otiose. I say so because, as I tried to explain to learned counsel for the applicant, if leave to file the notice of appeal out of time is allowed, then the applicant does not need leave to file the memorandum and record of appeal, …