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…The appellant was unhappy with this order and sought leave to appeal to this Court, which was granted. It then filed a notice of appeal followed by an appeal.…

…In that case the excuse by Counsel for not filing the notice of appeal in time was that as no leave to appeal was obtained, no notice of appeal could be filed.…

…He then granted leave to appeal. The appellant appealed to this Court on two main grounds, namely: 1. The learned judge erred in law and failed to exercise his discretion in the appellant’s favour. 2.…