Restoration of appeal dismissed for non-prosecution fails where illness of counsel is not a sufficient explanation

Restoration of an appeal dismissed for non-prosecution requires a satisfactory explanation showing sufficient cause. The applicant relied on illness of counsel, but the explanation was found inadequate because the appellant could have appeared personally when counsel was unavailable and no proper reason was given for absence on the hearing dates. On that basis, the request for restoration was rejected as lacking substance.

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Issues: Whether sufficient cause was shown for restoration of the appeal dismissed for non-prosecution.

Analysis: The applicant sought restoration on the ground of illness of counsel. The explanation was found unsatisfactory because the appellant could have appeared personally when the counsel was unavailable, and no adequate explanation was offered for absence on the hearing dates.

Conclusion: The application for restoration was rejected as lacking substance.

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