Search court decisions

…The other ground on which counsel for the respondents relies is that the record of appeal lodged did not contain vital documents produced at the trial in breach of rule 85(1)(f) of the Rules of this Court.…

…This default is also admitted by the appellant in his replying affidavit although he says that he has put the matter right by filing a supplementary record of appeal containing those documents.…

…No. 17 of 1993) *************** ORDER OF THE COURT The record of appeal does not include a certified copy of decree as is mandatorily required by rule 35(1) (b) of the rules of this court.…

…Pall) dated 17th October, in CIVIL CASE NO.1804 OF 1985) ***************** RULING OF THE COURT The record of appeal does not include a certified copy of the decree appealed against.…

…On 7th November, 1995 he filed the present application seeking extension of time within which to lodge the record of appeal which now he says would contain the requisite certified copy of the decree appealed against.…

…Nevertheless, as the applicant has not been indolent in presenting his application for extension of time within which to lodge the Notice of Appeal and the record of appeal, in order to forestall any possible miscarriage…

…The appeal by the applicant against the decision of the High Court was struck out by this court on 8th October, 1995, on the ground that the related record of appeal did not, as mandatorily required by the Rules of this court…

…Justice Lakha, for extension of time within which, to start the process of appeal all over again, by filing this notice of appeal and lodging their record of appeal.…

…for extension of time to file a notice of appeal and an appeal out of time, the first appeal filed by the applicant (Civil Appeal No. 91 of 1993), having been struck out by this Court on 25th October, 1995, because the record…

…of appeal did not contain a certified copy of the decree as required by rule 85(1)(h) of the Court of Appeal Rules.…

…The applicant filed an appeal against that decision (Civil Appeal No.113/91), That appeal was struck out by the Court on 7th February, 1996, as the record of appeal did not contain a certified copy of the order appealed against…

…Gross, learned counsel for the applicant, freely, and quite properly, admits that the exclusion of a certified copy of the order from the record of appeal was entirely his own fault.…

…At page 137 of the record of appeal within which this application is filed, it is shown that the Deputy Registrar certified the order on the 29th July, 1996. The appeal was lodged on the 15th August, 1996. As Mr.…

…Unfortunately, that appeal was struck out by this Court on 15th February, 1996, as the record of appeal did not contain a certified copy of the order appealed against.…