In these three applications, the applicants, in the main, sought orders directing that the appeals which had previously been dismissed for want of prosecution be re-entered on the cause list for hearing on such terms as the court might consider just in the circumstances.

The second application also sought an order for enlarging the time within which the appellant might file his written brief as required by rules of court; and the third also sought an order of three days’ extension of time in the order to regularise the brief already filed by the appellants/applicants three days out of time and for such further order or orders as the court may deem fit to make in the circumstances.

In each case, the appeal had been dismissed by the virtue of Order 9 rule 7 of the Supreme Court Rules, 1977 (hereinafter referred to as the ‘Rules’) for failure to file the briefs within the time provided for under rule 3 of the said order or within the time extended by the Court. The first appeal was dismissed on Monday the 12th March 1984, the second on 4th June, 1984 and the third on 21st May, 1984.

The said Order 9 rule 7 provides as follows:

Various reasons for the failure to file the briefs were given in the affidavit in Support of each application. However, since the applications were similar, and were seeking the same order a full court decided to consolidate the three applications for hearing.