JUBILEE INSURANCE COMPANY (T) LIMITED VS. MOHAMED SAMEER KHAN CIVIL APPLICATION NO. 439/01 OF 2020.

Abstract

Held; No good reasons have been advanced by the applicant to justify the inordinate delay of more than 13 months from 07.08.2019 when the notice of appeal was lodged to 08.10. 2020 when the instant application was filed. it is therefore clear, not only that the applicant has totally failed to account for the delay but also that both the applicant and her advocates exhibited negligence and inaction. It should also be emphasized that the negligence of an advocate or his ignorance of the procedure, is not an excuse and does not constitute a sufficient cause for extension of time. I am not persuaded that there is any illegality that is apparent on the face of record and neither can it be discerned from those two orders that can be said to constitute a sufficient cause for the Court to extend time within which to serve a copy of the notice of appeal to the respondent. that even if there is any unreasonableness or error on part of the High Court in awarding interest at those rates, the same does not constitute a sufficient cause for extension of time. It should be insisted that not every error committed by a court amount to an illegality. Under the circumstances of this matter, the overwhelming chances of success cannot be one of the grounds that constitutes a sufficient cause under rule 10 of the Rules

The application is therefore accordingly dismissed with costs. It is so ordered.