CIVIL SERVICE COMMISSION IMO STATE & ANOR. V. GODWIN ...

counsel who prepared the Notice did not include
any date and the court official who assessed it did
not insert the date of filing (page 56 of the Record).
The Notice of Appeal however, was exhibited in the
motion for stay of Execution filed in the lower court
on 22no March, 2001. This is at pages 71 -75 of
the records. There is therefore a presumption that
the Notice of Appeal was filed before or on 22nd
March, 2001.
(b) The date the record of appeal was signed and
the appeal numbers (stated in paragraph 2.01 of
Respondents Brief) with humility can not be used to
determine when the Notice of Appeal was filed.
(c)The summons to parties by Registrar to settle
Record and the settlement of Record are at pages
76 and 77 of the record.
(d) It is trite that appeal is deemed to have been
brought when the Notice of Appeal has been filed in
the Registry of the court below; order 3 Rule 5,
Court of Appeal Rules.
(e) It is the duty of the Registrar of the court below
under order 3 Rule 8, court of Appeal Rules, to
enclose on the Notice of Appeal the fees, receipt
number and the date of payment and to transmit
the record of appeal to the court of Appeal.
(f) It is the Registrar of the court that enters the
appeal in the cause list order 3 Rule I3 (2). The
Honourable court is most humbly urged to hold that
the Notice of Appeal was filed on 22nd March 2001.
We most humbly urge the court not to punish the
Appellants for the mistake of the court registry or
the carelessness, negligence or in advertence of
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