A preliminary objection was taken by the Respondent’s
Counsel to the effect that the record of appeal was incurably defective as the
decree was not properly dated as required by the law. The said decree bore two
different dates. The Court was thus asked to strike out the appeal. On the
other part, the Counsel for the Appellant conceded that the appeal was
incompetent for lack of a properly dated decree in the record of appeal. She
also conceded that the supplementary record she filed before the hearing cannot
correct the defective decree in the record of appeal. However, she requested
the Court to grant her leave to refile the appeal after striking out the
incompetent appeal. Among other things, the Court considered whether there was
any ground for granting the Appellant leave to refile the appeal.