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The Court of Appeal struck out a notice of appeal after finding the respondent took no essential steps to pursue the appeal within the prescribed time.
Respondents did not remain dormant after notification of readiness of proceedings; they timely requested proceedings for appeal, notified Registrar of deficiencies, and made follow-ups; form of request letter is immaterial as long as content meets requirements; application to strike out notice of appeal is without merit.
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The respondent failed to institute the intended appeal within the prescribed time and had no valid excuse, as the certified documents were available before the request was made; thus, the notice of appeal must be struck out for non-compliance with Rule 90(1).
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The Court of Appeal struck out a notice of appeal for late service and failure to institute the appeal within time, with no proof of serving a request for proceedings.
The appeal is incompetent for failure to attach the decree as required by Order XXXIX Rule 1(1) and (2) of the Civil Procedure Code; the proper remedy is to strike out the appeal.
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The High Court dismissed a land appeal challenging execution of a decree, finding the decree sufficiently identified the property and the tribunal committed no reversible error.
The Court of Appeal struck out a notice of appeal after finding the respondents had not taken essential steps to lodge the appeal in time.
The reference to the wrong year in the respondents' letter requesting documents was a mere slip and did not invalidate the essential step taken; there was no evidence that the Registrar had supplied the documents or that the respondents failed to follow up within a reasonable time; execution of the decree does not constitute failure to take essential steps under rule 89(2); thus, the application to strike out the notice of appeal lacked merit.
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The respondents failed to serve the notice of appeal within the statutory period and did not serve the letter applying for copy of judgment, thus the notice of appeal must be struck out.
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The Court of Appeal held that the appellant’s notice of intention to appeal was filed within time and that the High Court wrongly struck out the appeal.
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