Tun Abd Majid bin Dato’ Haji Tun Hamzah PK:

[1]The appellant on 18.1.2019 has filed a notice of appeal against the decision of the Sessions Court and duly filed the record of appeal within time (17.2.2019) but without the memorandum of appeal. During the case management on 19.2.2019 the respondent raised a preliminary objection as as regards the absence of memorandum in the record of appeal. The appellant subsequently on 22.2.2019 filed the memorandum of appeal and on 25.2.2019 vide Enclosure 17 sought to obtain an extension of time to file its memorandum of appeal which was delayed by four days. Having heard the arguments, I dismissed the appellant’s application with costs.

Enclosure 17

[2]The application for an extension of time as affirmed by the appellant in his affidavit in support was premised upon:

2.1the grounds of judgment was not available;

2.2the memorandum if filed may contain errors or inaccurate grounds;

2.3Order 55 rule 4 Rules of Court 2012

2.4the hearing of the appeal has not been fixed yet and the parties have yet to file their written submissions;

2.5the memorandum of appeal has subsequently been filed on 22.2.2019; and

2.6the delay of four days does not prejudice the res