The Appellant was dissatisfied with the decision of the High Court (Land Division) in Miscellaneous Land Appeal No. 6 of 2005. He lodged an appeal to this Court. The Respondent lodged a preliminary objection against the appeal that no valid Notice of Appeal was filed prior to filing the Appeal and Memorandum of Appeal, no leave to appeal was sought and obtained as required, the Appeal has been filed out of time and the appeal is incompetent for contravening rule 96 (1) (f) of the Rules. The applicant failed to file written submissions against the preliminary objection.