The Applicants appealed against the decision of the Learned High Court Judge in which he discharged the order of injunction that was granted to the Appellant. However, both the notice of appeal and memorandum of appeal were endorsed by the Appellant Company. Further, the record of appeal revealed that the ex-parte summons for the interlocutory injunction in the Court below was endorsed by the Appellant Company.
1. The appellant being a body corporate can only institute proceedings through Counsel as per the provisions of Order 6 rule 5 sub rule 3 of the White Book.
2. As a result, the appeal was incompetent and was dismissed.