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The appeal is incompetent because the record of appeal does not contain the extracted order, as required by Rule 89(1)(h) of the Court of Appeal Rules. Non-compliance with this rule, regardless of the reason, renders the appeal incompetent and subject to being struck out.
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The appeal is incompetent for failure to extract and include the order appealed from as required by rule 89(1)(h) of the Court of Appeal Rules; such non-compliance is fundamental and cannot be cured by filing a supplementary record; other grounds of objection (rule 76(3) and Registrar's certificate) are not fatal in this case.
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