Court considered whether the application for revision should succeed. Court held that the application would succeed despite the odds. Court was satisfied from its findings that the respondent was not in court nor was he represented and no efforts could be shown by the applicant to have been take to secure the attendance of the respondent. That notwithstanding, the application had been brought to court way beyond its time limit. For that matter the application would not succeed however court relied on the provisions of the judicature statute that provided for instances where high court is provided with no procedure it can adopt a procedure justifiable to fit the circumstances. For that matter court found the trial court to have erred while awarding the sentence for law provided imprisonment only and not fine in alternative. The file was ordered to be taken back for the correct sentence to be awarded.
Accordingly court granted the application for revision.