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The striking out of the main appeal does not render the cross-appeal incompetent; the cross-appeal stands independently and may proceed on the existing record. Leave is granted to file a supplementary record to include missing documents necessary for the cross-appeal.
Source excerpt
The rectified certificate of delay is invalid as the date of notification is not supported by the record; therefore, the appeal is time barred and incompetent. Leave to file a further supplementary record is denied as it would serve no purpose and is procedurally impermissible. The cross-appeal survives independently and will proceed to hearing.
Source excerpt
The High Court's handling of the cross-appeal as a separate appeal, resulting in two judgments and decrees from the same matrimonial cause, was a material procedural irregularity. This irregularity necessitated the quashing of the affected proceedings and judgments, and the remittal of the matter for a fresh hearing with the cross-appeal properly joined as required by law.
Source excerpt
The High Court struck out the respondent’s notice to argue a point of law, holding that a challenge to the lower court’s decision required a cross-appeal or revision.
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