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The High Court allowed CRDB Bank PLC to substitute its updated corporate name in the proceedings, judgment, decree, and related documents in a post-judgment civil application.
The appeal is incompetent due to the defective record of appeal, as leave to amend was not utilized within the prescribed period and the relevant rules do not permit hearing on merits in these circumstances.
Source excerpt
The appellant failed to comply with the court's order to amend the existing record of appeal by filing a fresh record instead, which is not an amendment. As the order was not complied with, the appeal must be struck out.
Source excerpt
The Court of Appeal struck out NBC Ltd’s appeal as incompetent because the notice and record cited a non-existent case number, a defect not curable by amendment.
The Court of Appeal adjourned the appeal, holding the decree in the record was defective and had to be amended before hearing. The appellant was also ordered to comply with the new rules.
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