The applicant instituted a land case in the High Court
against the Respondent. The Respondent raised preliminary objection to the
effect that it was res judicata. The Court dismissed the matter with
costs. Dissatisfied, the applicant lodged an appeal to the Court of Appeal,
however, she failed to apply for the requisite leave to appeal within time. To
remedy the situation, she filed an application seeking an extension of time
within which to apply for leave to appeal. The parties agreed and were allowed
to argue the application by way of written submissions. The applicant filed her
submissions three days beyond the scheduled timeframe. The Court took the
position that the shortcoming was fatal, hence, the application was dismissed.
Later, the applicant lodged the present application replicating the request for
extension of time as the second bite. The issue before the Court was whether or
not the application before it is competent.