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Had this application been opposed, I certainly would have rejected it. The judgment the applicant seeks to challenge on appeal was delivered way back on 4th November, 1997. The affidavit in support of the application says the applicant applied for proceedings and judgment on 10th November, 1997.It is not stated whether the application for proceedings was written or oral; no copy of the letter applying for the proceedings is annexed to the affidavit. The notice of appeal itself was lodged on 11th November, 1997. That was within the time allowed.
But the applicant was told on 6th February, 1998, that the proceedings were ready and yet he did not collect the same until 5th March, 1998. That was one whole month wasted and no explanation for it is attempted in the supporting affidavit.Mr. Katwa who argued the application before me told me that the letter from the court asking them to collect the proceedings reached them late. That may or may not be true; the respondent, though sā¦