It was however, found that the respondent combined the notice of appeal with a copy of proceedings, and that a copy of the notice of appeal was sent to the applicant who was therefore aware that the respondent was waiting for a copy of proceedings from the Registrar, which was to be supplied as soon as it was ready.

Further, it was found that the respondent’s appeal had been filed within the prescribed time, and was therefore vigilant in prosecuting the appeal.

Accordingly, the application was dismissed with costs to the respondent.