R U L I N G
This is an application by the unsuccessful plaintiff under rule 4 of the Rules of this Court (the Rules) for an extension of time for lodging the record of appeal to 19th November, 1998 against the ruling of the superior court (Ole- Keiwua, J.) given on May 8, 1998, whereby he refused the plaintiff's application for an injunction.
The applicant had originally filed an application being CIVIL APPLICATION NO. 213 OF 1998 applying for extension of time to appeal. This application was filed on September 11, 1998 in the belief that the time for filing the appeal had already lapsed, time having started to run from the date of the ruling on May 8, 1998. This was clearly a mistaken view.
As time did not under the proviso to rule 81 of the Rules start running until the August 28, 1998 the time to prefer the appeal did not lapse until October 27, 1998. Accordingly, when the application came up for hearing, I dismissed the same as being premature and also observed that there had been no…