R U L I N G
This is an application under rule 4 of the Court of Appeal Rules (the Rules) for leave to file a record of appeal out of time from the judgment of Angawa J. dated 22nd June, 2005.
A notice of appeal was filed in time on 27th June, 2005. A letter was written on the same day to the Registrar of the High Court requesting a copy of the proceedings in the superior court but that letter was not copied to the respondents and no certificate of delay was issued. In these circumstances the applicants were not entitled to the benefit of the proviso to rule 81 of the Rules.
The record of appeal should therefore have been lodged not later than 60 days after the lodging of the notice of appeal on 27th June, 2005. No record of appeal has in fact been lodged as yet. The notice of motion now before me was lodged on 17th November 2005 which is nearly three months after the record of appeal should have been lodged. This application seeks an order that leave be granted to file of the record of a…