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The Court of Appeal struck out an out-of-time review application as premature because the applicant had not first filed a proper application for extension of time.
The application was struck out because the applicants failed to cite the specific enabling provision, Rule 120(3) of the Court of Appeal Rules, rendering the application incompetent.
Source excerpt
The application was struck out because the applicants failed to cite Rule 120(3) of the Court of Appeal Rules, which is the specific provision governing applications for deposit of security for costs. Citing Rule 4 was insufficient and inapplicable, making the application incompetent.
Source excerpt
The Court of Appeal struck out an application for being incompetent because it did not cite the correct rules and failed to state any grounds.
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