PREMIER DAIRY LTD V. AMARJIT SINGH SAGOO & KURSHBIKAUR HARJEET SINGH CHANDHA (SUING AS THE LEGAL ADMINISTRATOR OF THE ESTATE OF HARJEET SINGH CHARAN SINGH CHANDHA

RULING OF THE COURT

Following the delivery of a judgment awarding damages against it on 25^th September, 2007, Premier Diary Limited, the appellant, timeously filed a notice of appeal on 1^st October, 2007 declaring its intention of appealing against the whole of that judgment. The notice of appeal indicated the correct date of the judgment. Subsequently, the appellant lodged a record of appeal and in that record, it included a copy of that judgment but which shows that the judgment was prepared by M.A. Warsame J. and signed by him on 18^th September, 2007. However, because he did not deliver it personally, the judgment shows that M.G. Mugo J. delivered it on 20^th September, 2007, instead of 25^th September, 2007, when, it was common ground, it was actually delivered. The record of appeal also includes a copy of decree which is correctly drawn signed and sealed but not certified as required by rule 85(1)(h) of the Court of Appeal Rules.

The record of appeal was timeously served upon Mr. Gic…