This is a motion for leave to set aside the order for dismissal of appeal for want of prosecution of application for leave to file record of appeal and heads of argument out of time.
On 1 December 2015, the Appellant filed an application for leave of this court to file record of appeal and heads of argument out of time. The application was set down for hearing on 20 January 2016 before a single judge of this court and was dismissed for non-attendance of parties. The Respondent argued that the motion should be dismissed because the Appellant was in contumelious default.
Held:
- In terms of rule 16(4) of this Court’s rules, if at the hearing of an application counsel for the Applicant does not turn up and no reasons have been given for his absence, the court may strike out the application. The rule does not allow the court to dismiss the application.
