WOOD (MRS.), CJ;
This appeal raises such a narrow and uncomplicated question of law; it is difficult to fathom why this court has been invited to intervene. The simple question we have to determine is whether the trial High court which extended the time within which the appellant could file an appeal, some three years after the decision appealed from, had power under its review jurisdiction as provided under Order 42 of the High Court (Civil Procedure) Rules, 2004 C.I.47 to vacate the said order for want of jurisdiction.
The facts which led to the application for extension of time within which to appeal are these. On the 20th of January, 2003, the appellant lodged an appeal against a decision of the High Court delivered on 13\1\2003. On 26/7/2006, (as we can see over three years after the filing of the appeal) it was thrown out on the preliminary legal ground that it was, on the prevailing facts, a nullity. Subsequently, the appellant, who was anxious to have the appeal determin…