In this appeal, the Respondent filed notice of preliminary
objection to the effect that, the appeal is defective and incompetent in law
for want of notice of appeal, because, the Appellant is appealing against the
Judgment and Decree in a matter which arose from an originating summon contrary
to the requirements under rule 83(3) and (6) of the Court of Appeal Rules,
2009. The main issue before the Court was whether or not an action instituted
by way of originating summons gives rise to Judgment and Decree or Ruling and
Extracted Order.