RULING OF THE COURT
The present application by way of notice of motion filed on 1st October, 1999, is for the striking out of the notice of appeal and the appeal itself given and filed by the Respondent in respect of the judgment of Ole Keiwua, J. as he then was, delivered on 15th February, 1999, and the decree derived therefrom. This application was made on the main ground that the appeal had not been filed within the time prescribed by the Court of Appeal Rules.
Although this was not related to the grounds contained in the Applicant's notice of motion, Mr. Esmail for the Applicant in the course of his submissions, drew our attention to the fundamental issue that the appeal was incompetent because it did not comply with one of the mandatory provisions regarding the contents of a record of appeal, namely, as provided by Rule 85(1)(f) of the Court of Appeal Rules, that a record of appeal shall, subject to sub-rule (3), contain: "the affidavits read ... at the hearing ...".
Mr. Esmail in t…