The appellant in this case had his appeal struck out on 15th January, 1979 by the Court of Appeal. He has filed a notice of appeal in August, 1979 – a period of eight months after the expiry of the date of filing notice of appeal. The appeal was struck out in the Court of Appeal. The provision for time within which to appeal and which cannot be extended is contained inspection 33 sub section 4 of the Supreme Court. Act. That period of giving notice of appeal had since expired before a purported notice of appeal of August, 1979.