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The notice of appeal filed in respect of Misc. Civil Application No. 130 of 2019 does not stay the proceedings in the main suit; therefore, the suit must proceed as prayed.
Source excerpt
The High Court allowed a land appeal, holding that failure to disclose the ward tribunal quorum was a fatal irregularity that made the proceedings and judgment null and void.
The High Court struck out a land appeal as incompetent because it was filed without the required decree. Each party was ordered to bear its own costs.
The applicant's advocate's sudden illness, supported by medical evidence, constituted sufficient cause for non-appearance, justifying the setting aside of the dismissal order under Rule 4 of Order IX of the Civil Procedure Code.
Source excerpt
Second land appeal dismissed. The High Court upheld findings that the respondent owned plots 847 and 849 at Boko and that compensation and demolition orders stood.
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