Arifin Zakaria JCA:

[1] This action was commenced by the respondent/plaintiff in the Sessions Court against the appellants/defendants. At the conclusion of the trial, the learned Sessions Court judge gave judgment in favour of the respondent. On 19 February 1998, the appellants filed their notice of appeal. Form 141 was issued by the Sessions Court on 9 April 1998. On 21 May 1998, the appellants filed the appeal record incorporating the memorandum of appeal dated 18 May 1998. On 8 October 1998, the appellants filed the same memorandum of appeal with the prescribed filing fee. On 14 December 1998, the respondent's solicitors gave notice of preliminary objection on the ground that the memorandum of appeal was filed out of time. By notice of motion dated 25 May 1999, the appellants applied for extension of time to file and serve the memorandum of appeal. The notice of motion was heard by the learned High Court judge together with the appeal on 1 November 1999 whereby she dismissed the notice of motion and allowed the preliminary objection of the respondent. The appeal was dismissed with costs. The appellants now appeal against the said decision of the learned High Court judge.

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