HUNGAROTEX FOREIGN TRADING CO. vs. BOATENG

JUDGMENT OF TAYLOR J.S.C. The applicants who are a foreign business company, have by their lawful attorney sworn to detailed and elaborated facts in an affidavit supporting the motion before us for an extension of time within which to appeal. The respondent has also sworn to a like affidavit in opposition. I think however that the simple issue based on the preliminary objection raised on behalf of the respondent is whether the motion of the applicants is statute-barred. In considering it therefore the merit of the appeal is quite irrelevant and consequently the facts of the substantive grounds of appeal so painstakingly averred in the affidavits of the parties are not necessary for a ruling on this application. The preliminary objection of counsel is based on the true construction of rule 8 of the Supreme Court Rules, 1970 (C.I. 13) considered alongside the circumstance and the date the applicants filed their motion. The circumstance is that on 13 November 1986 the Court of ...