The applicants intended to challenge the decision, they termed as ex-parte judgment, handed down by the Regional Court with Extended Jurisdiction at Vuga whereby the Respondent was declared the winner. An attempt to set aside that judgment in the same court by the applicants was unsuccessful. They filed their application in the same Court for extension of time to file a notice of appeal out of time so that they appeal to this Court. They have now come to this Court for a second bite so that they be allowed to file a notice of appeal out of time. When the application was called for hearing, the Respondent’s advocate lodged a notice of preliminary objection to the effect that the application was not proper before the Court because it contravened rule 47 of the Court of Appeal Rules, 2009.

