JUDGMENT

(Striking Out The Appeal)

Kenneth St James JC:

Prelusion

[1] The Appellant-Defendant (D) and the Respondent-Plaintiff (P) went to trial in the Sessions Court.

[2] The Sessions Court granted P's claim and entered Judgment in P's favour. D was ordered to give to P vacant possession of a portion of the subject property of the claim, and to pay P damages for trespass for the relevant period, with interest and costs.

[3] D appealed to the High Court.

[4] In the Appeal proceeding, P filed an Application to strike out the Appeal on the ground that the Appeal is null and void because D did not comply with four mandatory Rules under the Rules Of 2012 (ROC 2012) which govern post-trial Appeals from the Subordinate Courts to the High Court.

[5] P's Application to strike out the Appeal is encl 4 in this Appeal proceeding.

P's Assertions Of D's Non-Compliances

[6] D is represented by solicitors on record.

[7] In this Judgment, a reference to P and D is also a reference to their respective solicitors.

[8] P asserts that these are the D's non-compliances:

(1) D did not serve on P the Notice of Appeal (NOA);

(2) D did not serve on P the Record Of Appeal (ROA);

(3) D did not apply to the Sessions Court,