The appellant in this appeal appealed against dismissal of the suit in which the appellant had sought for orders restraining the respondent from removing him from his office before expiry of his term.

Counsel for the respondent objected to the appeal and submitted that it be struck out for there was no decree that had been extracted, and that the Advocate had no valid Practicing Certificate. The objections were overruled on grounds that the advocate was free to draw and file documents even without a valid Practicing Certificate.

Concerning the main appeal, the ground of appeal was that the trail judge erred in holding that there was no enforceable contract of employment between the parties on the basis of a wrong finding that the respondent’s Council had no capacity to contract during the appointment of the appellant as Rector.