WOBO & ANOR V. HART

BITRUS GYARAZAMA SANGA, J.C.A. (Delivering the Lead Ruling): The Applicants filed a motion on notice on 23rd April, 2015 seeking for the following reliefs:

(a) Enlarging the time within which to apply to vacate the order of this Court made on 25th May, 2011, dismissing the Appellants/Applicants Appeal for want of diligent prosecution. 

(b) Vacating the Order of this Hon. Court made on 25th May, 2011 dismissing the Appellants/Applicants Appeal. 

(c) Restoring the Appeal back on the cause list for determination on the merit. 

The grounds upon which these reliefs are sought are; 

(i) The Appeal was listed on the cause list of 24th May, 2011 and formally adjourned to 31st January 2012 for hearing of motion, by the Registrar of this Honourable Court before it was listed again on the cause list of 25/05/2011 without notice to the counsel for the Appellants/Applicants.

(ii) The Appellants/Applicants' pending motion for enlargement of time to compile and transmit the record of Appeal was not hea…