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The Court of Appeal dismissed a criminal appeal after the appellant repeatedly failed to appear, holding that representation by counsel did not excuse his promised personal attendance.
The appeal was incompetent because leave to appeal was not obtained as required by Section 5(1)(c) of the Appellate Jurisdiction Act; therefore, the Court of Appeal lacked jurisdiction to entertain the matter.
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The appeal to the High Court was filed outside the statutory 30-day period and was therefore time-barred. The High Court erred in entertaining the appeal without first determining the issue of limitation. The proceedings and orders of the High Court are quashed and set aside, and the decisions of the Primary Court and District Court stand.
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The appeal was filed out of time as the limitation period under Section 38(1) of the Land Disputes Courts Act, Cap. 216, runs from the date of pronouncement of the judgment, not from certification or receipt of a copy. No leave for extension of time was sought or granted. The court therefore lacked jurisdiction to entertain the appeal, which was incompetently before it and must be struck out.
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The trial tribunal erred in dismissing the application solely because the tenancy agreement was unstamped without giving the party an opportunity to pay the requisite stamp duty and penalty. Section 21 of the Rent Restriction Act did not apply as standard rent had not been determined. The appeal was competent without a decree copy.
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