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The High Court allowed an appeal after finding the trial court failed to determine all framed issues and raised a new issue without hearing the parties.
The Court of Appeal held that the High Court failed to determine key framed issues on land ownership and reliefs, quashed the judgment, and remitted the case.
The issue of limitation was properly raised by the parties in their pleadings and addressed in final submissions; the High Court was not functus officio as the previous judge did not determine the limitation issue; and once the suit was found time-barred, the court was not required to determine issues of fact. The appeal lacked merit and was dismissed.
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