JUDGMENT

Thomson CJ (delivering oral judgment):

This is an appeal from a judgment of Mr. J Suffian which was delivered on 3 April 1962. A preliminary objection has been taken by the respondents and we must deal with that in limine.

What happened was this. Judgment was entered on 3 April and notice of appeal against that judgment was filed on 1 or 2 of May. The notice was not, however, served on the respondents or their solicitors until the 9 May. It is said that by reason of that the appeal was not brought within the time prescribed by O. 58 and therefore cannot be proceeded with except by special leave of the full Court of Appeal which has not at any time been asked for.

The relevant rules are rr. 1A(1), 2 and 15. Rule 1A (1) says:

Appeals to the Court of Appeal shall be by way of rehearing and shall be brought by giving notice of appeal.

Rule 2 says:

Notice of appeal shall be served on all parties directly affected by the appeal............ at the time of filing the notice of appeal.

Rule 15 says:

No appeal shall except by special leave of the full Court of Appeal, be brought after the expiration of one month -.

The meaning of the word "brought" was considered by the Engl