This is the second appeal which originates from the High
Court. The dispute between the parties was over the registered piece of land.
During the pendency of the suit, the Appellant instituted several ancillary
applications which were heard and determined by the trial Court. More
particularly, the application giving rise to this appeal, the Appellant filed
an application for injunctive orders against the Respondent, the application
was dismissed by the trial Court on account that the Court was functus
officio. Aggrieved, the Appellant initially lodged an appeal which was
struck out for being accompanied with the impugned drawn order. To remedy the
shortcoming, the Appellant instituted an application before the High Court
seeking extension of time within which to lodge a fresh appeal. The Appellant
successfully lodged this appeal. The Respondent raised preliminary objections,
among others, the appeal lacks important documents such as Ruling and Drawn
Order in respect of an application for extension of time to file Notice of
Appeal. The main issue before the Court was whether incompleteness of the
record of appeal renders the appeal incompetent.