The Plaintiff is suing the Defendant for trespass with respect to mining properties situate at Kwekona-Suwa Village Handeni District. His prayers were, inter alia, for the eviction of the Defendant, recovery of the properties and a permanent injunction to restrain the latter from interfering thereat. The District Registrar made an order to the effect that the Defendant to be issued with summons to appear and to file a Written Statement of Defence. During the hearing the Defendant prayed orally for the leave of the Court for extension of time to file the written statement of defence out of time. The Plaintiff objected the application on the ground that it should be formally made.