By Evarist Baimu Nyaga Mawalla - Home

that a request for its extension had been made and that it had been refused .These are matters of evidence and unfortunately none had been deposed eitherthrough witnesses or by affidavits. The submissions by Mr. Matata at the hearingof the application were not evidence and as already pointed out, Mr. Bwire toodid not give anyThus as the learned judge did not have a factual basis for arriving at the decisionhe did the proceedings were and were hereby declared null and void and arequashedMr. Marando prayed for costs he submitted that even without the suggestion ofthe court he already had as his first ground of appeal the failure of the learnedtrial judge to see that the pleadings and been completed and to take evidence onearth on the part of the respondent. We concede that and we allow the appealwith costs.Before we close there is another procedural matter, which has to be brought tothe attention of the courts ad advocates. We have seen that the application forleave to apply for the order was instituted thus.In the matter of an Ex-parte Application for leaveTo apply for an order of MandamusMAGNUM AGENCLES COMPANY LIMITEDVersusTHE ASSISTANT IMPORTS CONTROLLER RESPONDENT312