In this application, the applicant by way of notice of
motion is moving the Court to strike out an application for appeal in the High
Court on the ground that, the applicant has failed to take an essential step in
the proceedings within the time prescribed by law. The application is supported
by an affidavit and filed written submissions to amplify the application. On
the other hand, the Respondent did lodge an affidavit in reply, however, no
written submission, was filed in reply to the written submission by the
applicant in compliance with the stipulation under rule 106 (8) of the Rules.
During the hearing, the applicant submitted that failure by the Respondent to
file written submission in reply disentitled her the right to defend herself in
the application, hence, prayed to the Court to hear the application ex parte.
The main issue before the Court was whether or not to strike out the
application.