The Respondent had filed Miscellaneous Civil Application No.
9 of 2016 in the High Court. He was seeking for two orders: extension of time
within which to file a notice of appeal to the Court and to apply for leave to
appeal to the Court in respect of DC Civil Appeal No. 12 of 2011. The High
Court was satisfied that a series of litigation after delivery of the High
Court decision and prolonged sickness constituted sufficient cause for the
delay in filling the notice of appeal and making an application for leave to
appeal to the Court. He granted the application. The applicant was thereby
aggrieved and sought leave to appeal to this Court against that decision but
the High Court refused to grant the same. The applicant has, by way of a
“second bite” accessed the Court to try his luck.
The applicant’s major complaint is based on the contention that
the High Court in granting the Respondent’s application violated one of the
principles that the applicant must account for each day of delay.