The Applicant dissatisfied with the striking out of the
Miscellaneous Commercial Cause No. 62 of 2012 filed simultaneously the Notice
of Appeal and the Application for leave to appeal to the Court of Appeal. The
Respondents were served with copies of the Application and they were ordered by
the Court to file Counter Affidavit thereto but failed to do so. The Court
ascertained the grounds for failure to file the Counter Affidavit and the
consequences thereto.