Gopal Sri Ram JCA:

Two applications came before us. Both were by the appellant. Both were opposed by the respondent.

By the first the appellant sought leave of this court to file the record of appeal out of time. The second application asked for a stay of execution, pending appeal, of the order made by the High Court. We heard the application for extension of time first because upon its result depended the survival of the application for stay of execution.

In opposing the motion seeking an extension of time, counsel for the respondent submitted that the appellant's affidavit filed in support of the application did not set any, or any sufficient, material upon which this court could exercise its discretion in the appellant's favour.

A perusal of the appellant's affidavit reveals that the only points made in it are these:

(1) On 12 July 1997 the judge sitting in chambers dismissed an appeal from the registrar in the matter of the appellant's bankruptcy.

(2) On 23 July 1997, the appellant lodged notice of appeal to this court against the decision of the judge in chambers.

(3) The time limited for filing the record of appeal by the appellant expired on 2 September 1997.