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The appeal is incompetent for failure to indicate the name of the advocate who drew and endorsed the memorandum of appeal as required by sections 43 and 44 of the Advocates Act; a law firm cannot draw or file legal documents; the defect is incurable and the appeal must be struck out.
Source excerpt
The omission to indicate the advocate's name in a document drawn by a qualified advocate using a business name does not render the document incurably defective. The relevant statutory provisions are intended to prohibit unqualified persons from practicing law, not to penalize qualified advocates for using business names. Such omission is a curable irregularity, not a ground for striking out the application.
Source excerpt
The application for correction was not time-barred as it was made before execution was completed, and the notice of motion was not defective since it was prepared and signed by a qualified advocate, making section 44(1) inapplicable.
Source excerpt
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