CRESCENT CONSTRUCTION CO. LTD V. DELPHIS BANK LIMITED

R U L I N G:

It is true the decision sought to be challenged on appeal was delivered on 15th December, 1998 but there is no denying. The fact that Civil Appeal No. 33 of 1999 was actually lodged against the decision. That appeal it is admitted, was struck out by the Court on 19th February, 2001. So there cannot be any question of delay to explain for the period covering 15th December, 1998 and 19th february, 2001. The only delay, if it can be so designated in the period between 21st February, 2001 when the previous appeal was struck out and the 5th March, 2001 when this motion was filed.

In my view that period does not constitute such a delay as would entitle me to deprive the applicant of the exercise of my discretion in its favour. I think I should exercise my discretion in such a way as would give the applicant its undoubted right of appeal. That being my view of the matter, I allow the motion lodged in this Court on 5th March, 2001 and make the following orders:-

1.The applicant mu…