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The Court of Appeal struck out this civil appeal after finding no valid High Court judgment had been pronounced under Order XX rule 1 of the Civil Procedure Code.
The appeal is incompetent because the decree accompanying the memorandum of appeal is defective and inconsistent with the judgment, rendering the appeal not properly before the court.
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The appeal was incompetent because the decision and decree in the record of appeal were not signed by all members of the Tribunal as required by law, and the decree was an essential document whose defect could not be cured by the Tribunal's seal.
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The appeal is incompetent because the decree attached to the appeal did not bear the date on which the judgment was pronounced, rendering the appeal invalid.
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The absence of a valid, signed, and dated copy of the decree renders the application for stay of execution incompetent.
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The absence of a valid, signed, and dated copy of the decree renders the application for stay of execution incompetent.
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The High Court struck out an application to execute a decree, holding that the decree was invalidly dated and that the Attorney General had not been joined.
Appeal struck out after the court found the decree defective because it bore a date different from the judgment date. Judgment in chambers was not fatal.
The Court of Appeal held that a cross-appeal may survive the striking out of the main appeal, but struck out this cross-appeal for want of a valid decree.
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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