APPELLATE PRACTICE — Notice of Appeal — Defect — Effect of Incompetent Notice of Appeal on Appeal

The principle emphasises the fundamental nature of the Notice of Appeal in appellate proceedings. The Notice of Appeal is the document that initiates the appeal and defines its scope. It must comply with all statutory and procedural requirements. Any defect, whether in form or substance, goes to the competence of the appeal itself. A defective Notice of Appeal robs the appellate court of jurisdiction to hear the appeal, as jurisdiction is determined by the validity of the initiating process. The defect cannot be cured by subsequent arguments or applications. The principle applies to all appeals, whether civil or criminal. The court will strike out the appeal where the Notice is incompetent. The rule ensures that appellate proceedings are founded on a valid and proper basis.