PC. CIVIL APPEAL NO. 1 OF 2002
CHARLES MOSES	 APPELLANT/APPLICANT
VERSUS
SHAMTE KHATIBU	RESPONDENT

Date of last order - 21/12/2007 
Date of Ruling - 20/2/2/2008

RULING

Shanawa. 3.

This is an application for extension of time within which to apply for setting aside the dismissal order of the Applicant's appeal which was passed by Ihema, J. (rtd) on 21/3/2003. It is supported by affidavit of the Applicant Charles Moses. Counsel for the parties argued this application by way of written submissions as per this court's order dated 30/10/2007.

In his written submissions, counsel for the Applicant, Mr. Masaka submitted that the Applicant was not aware of the date of hearing of the dismissed appeal as he was not duly notified of the date of hearing it. He contended that absence of notice of the date of hearing the appeal constitutes sufficient cause to grant this application.

In reply, counsel for the Respondent Mr. C.K. Semgalawe submitted that there are no reasonable grounds adduced as to why after being aware of the dismissal order, the Applicant was late in filing this application in which he prays for extension of time to file an application to set aside the dismissal order of his appeal.

That letter was with Ref. No. SDM/K/CIV/9/2/VOL III/l dated 27/1/2005 i.e. annexture W to the Applicant's affid in support of this application.   When the Applicant received that letter, the time within which to apply for setting aside the dismissal order of his appeal had expired a long time ago.

Under such circumstances, I hold that the Applicants application for extension of time within which to apply for setting aside the dismissal order of his appeal made on 21/3/2003 by Ihema, J. (Rtd) in PC. Civil Appeal No. 1 of 2002 has merit. I hereby grant it and order that the Applicant should file his application for restoration of his appeal within two weeks from today.

20/2/2008

20/2/2008