R U L I N G
This is an application by way of Notice of Motion brought under Rules 4, 39 and 42 of the Court of Appeal Rules. The applicant is seeking the following orders:-
"1.That this Honourable Court be pleased to grant leave to file notice of appeal out of time.
2.That this Honourable Court be pleased to grant leave to the Applicant to file the record of appeal out of time.
3.That this Honourable Court be pleased to grant leave to file an application out of time for leave to appeal from the Ruling/Order of the Superior Court abovementioned and dated 15th April, 1999. 4.That time be fixed for filing of each of the above; and
5.That costs of this application be costs in the intended appeal".
The background to this application is that the applicant's earlier appeal was struck out as it was incompetent since no leave had been sought. In its ruling of 31st March, 2000 this Court stated inter alia:-
"In our judgment there is no right of appeal. The appellant however does have a right of appeal…