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The appeal was filed out of time, rendering it incompetent. The proper order is to strike out the appeal, not dismiss it, as per binding precedent and statutory interpretation.
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The High Court struck out a criminal appeal as incompetent because it was filed out of time despite an earlier extension order.
The Court of Appeal struck out a civil appeal as incompetent because it was filed out of time under Rule 83(1) of the old Court of Appeal Rules, 1979.
The Court of Appeal struck out a civil appeal as incompetent because it was filed out of time without an extension of time under Rule 90(1).
The appeal was filed out of time without certification of delay from the Registrar and without an application for extension of time; therefore, it is incompetent and must be struck out.
Source excerpt
An appeal lacking a valid decree is incompetent and must be struck out; once incompetence is conceded, there is no appeal before the court to dismiss.
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