Items filtered by date: Wednesday, 08 March 2023
ORDER OF COURT - Proper order a Court would make where there is an incomplete record before it
HELD:
"The lower Court made an order of dismissal for the non-production of Exhibit P1 before it to decide the case of the parties before it "on the merit".
RECORD OF APPEAL - Principle of law on compilation and transmission of record of appeal to the Court of Appeal
HELD:
"By Order 8 Rules 1, 2, 3, 4, 5 and 6 of the Court of Appeal Rules, 2011, the Registrar of the trial Court is mandated to compile and transmit the record of appeal within 60 days.
RECORD OF APPEAL - Whether parties and the Court are bound by the record of appeal
HELD:
"As His Lordship pointed out in the leading judgment, the record of appeal is presumed correct.
ORDER OF COURT - Proper order a Court would make where there is an incomplete record before it
HELD:
"Where the Court is bereft of jurisdiction, the proper order to make is an order of striking out, not dismissal, the appeal having not been heard on the merits.
RECORD OF APPEAL - Whether an appellate Court can act on an incomplete record
HELD:
"It has always been the settled position of the law that a Court is not entitled to speculate on matters not before it.
RECORD OF APPEAL - Evolvement of the law on duty of registrar, appellant and respondent in compilation and transmission of record of appeal to the Court of Appeal
HELD:
"As rightly submitted by learned counsel for the appellant, the rules governing the compilation and transmission of records has evolved over the years.
RECORD OF APPEAL - Importance of the record of appeal and whether parties and the Court are bound by it; function of the record of proceedings
HELD:
"It is settled law that an appeal is in the nature of a rehearing in respect of all the issues raised in respect of the case.
