MUHAMMAD JCA (Delivering the Lead Ruling): In a motion on notice filed on 25/1/05, the applicant prayed for the following reliefs: “1. An order of the honourable court extending time within which the appellant/applicant can file his brief of argument in appeal No. CA/A/EP/12/05.
An order deeming the brief of argument attached hereto and marked exhibit 1 as duly filed and served, filingfees having been paid for same. And any other order(s) as the honourable court may deem fit and necessary to make in the circumstance of this matter.”
In moving the motion, learned counsel for the applicant stated that A the motion was brought pursuant to Order 3, rule 4(1) of the Court of Appeal Rules 2002. That the motion was supported by a nine paragraphed affidavit and exhibit 1 which is the proposed appellant’s brief of argument.
The reasons to explain away the delay according to learned counsel for the applicant are contained in paragraphs 2-8 of the affidavit in support.
They read as follows: “2. Th…