Description
An application to strike out a notice of appeal – laxity – failure to take an essential step in instituting the intended appeal.
- An application to strike out a notice of appeal may only be brought by a respondent or other person on whom a notice of appeal has been served. (p. 5).
- An application to strike out a notice of appeal was brought by an applicant who had not been served with the notice of appeal. It was held that the application had been wrongly brought. (p. 5). Nevertheless, the Court struck out the notice of appeal due to the long history of the case and the trend shown by the respondents which signified lack of seriousness on their part. The respondents did not act with diligence in prosecuting the applications in the High Court. They also exhibited a laxity after having been notified of the present application, all these at the expense of preventing the applicant from executing the decree. Apart from failing to serve a copy to the applicant, the respondents did not take any essential step in instituting the intended appeal. (p. 6).
- When a person who has lodged a notice of appeal fails to institute the intended appeal in accordance with Rule 90 (1) of the Rules, he shall be deemed to have withdrawn that notice.
