28 Dec 2021
22NCVC-04-07/2017 (Mahkamah Tinggi)
- Citation
- 22NCVC-04-07/2017 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- 22NCVC-04-07/2017 (Mahkamah Tinggi)
The 29/10/2019 judgment was a regular inter partes final judgment; Order 42 r.13 cannot be used to set aside a judgment decided on the merits by another High Court of concurrent jurisdiction; the proper remedy was appeal and not reopening the matter in the same court; accordingly Enclosure 82 is struck out and the Plaintiff is entitled to enforce the judgment by sale of the Defendant's undivided 2/3 share under Enclosure 67.