The court observed that counsel for the respondent had written a letter on the record of
court that he would be out of the country and informed court that an adjournment would be
sought. The court observed that it was against advocacy practice for advocates to seek
adjournments through letters and that the respondent’s law firm had a number of advocates
who would represent the respondent since the application had no peculiar characteristics.
The court considered that the applicant lived far from the capital city where the court had
dismissed his appeal and learnt of the dismissal late. The court in exercise of its discretion
observed that the applicant had shown sufficient cause and allowed the application.
The application was thereby granted and the applicant was ordered to file the notice of
appeal in 14 days.