Description
Notice of appeal – when a document is formally lodged in court – belated endorsement.
When a document should be reckoned as formally lodged – the appellant filed a notice of appeal, paid the fees on time as evidenced by an exchequer receipt, however, the Deputy Registrar made a belated endorsement on the notice suggesting that the notice was filed out of time – it was held that the Registrar ought to have endorsed the Notice of Appeal reflecting the date when the appellant paid the necessary fees for lodging (pp. 6 – 7).
