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The appeal was incompetent because the drawn order did not bear the date of the ruling as required by law. This is a fundamental defect that cannot be cured by a supplementary record. The appeal was struck out with costs.
Source excerpt
The preliminary objection based on non-filing of written submissions under the 2009 Rules was dismissed because the appeal was filed before those rules came into effect, making it impracticable to apply them. However, the appeal was struck out as incompetent because the drawn order was signed by the District Registrar instead of the Judge, contrary to mandatory legal requirements.
Source excerpt
The Court of Appeal overruled a challenge to the notice of appeal but struck out the appeal because the extracted order’s date did not match the ruling date.
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