The court observed that under the rules, the court had discretion to allow the extension of time to file an
appeal and the reason must be cogent as to prevent a party from taking the required steps in the time
provided for by the law. The court observed that the respondent had duly instructed the law firm to file an
appeal and the mistake of counsel of filing the memorandum in a court without jurisdiction could not be
visited on the respondent.
In the circumstance, the court allowed the respondent’s application for extension of time and dismissed
the applicant’s application to have the memorandum of appeal struck off court record.