Non-compliance with mandatory provisions of procedural rules that is fundamental cannot be excused or remedied unless substantial justification is provided.

[1] This application arises out of an appeal against the decision of the Sessions Court in a civil suit for a debt due for services rendered by the Appellant/Plaintiff to the Respondent/Defendant.

[2] The Appellant vide this Notice of Application is seeking an extension of time pursuant to O 3 r 5(1) of the Rules of , 2012 (' ROC ') and the inherent jurisdiction of the Court under O 92, r 4, to file and serve the Appeal Record ('AR') out of the prescribed time under O 55 r 4(1), and the inherent jurisdiction of the Court under O 92, r 4, . Further, that the AR which was filed in Court on 9 April 2015 and served on the same day on the Respondent's solicitors be deemed as proper filing and effective service respectively.