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The appeal was filed within the statutory forty-five day period and the electronic filing system satisfies filing requirements under the relevant rules, rendering the preliminary objections without merit.
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The appeal was struck out because the Memorandum of Appeal was defective, containing arguments and authorities contrary to mandatory procedural requirements.
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The High Court upheld a preliminary objection and found the appeal incompetent because the memorandum of appeal did not contain concise grounds as required by the Civil Procedure Code.
The High Court dismissed a civil appeal as incompetent, finding the appellant lacked locus standi because the power of attorney was defective and unregistered.
The Court held that neither party discharged the evidential burden to prove the date of service of the notice of appeal, and thus dismissed the first ground of the preliminary objection. On the second ground, the Court held that issues not raised or decided at trial cannot be specified in the memorandum of appeal or entertained on appeal, and thus allowed the second ground, striking out ground one of the memorandum of appeal.
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