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The High Court dismissed a land trespass suit after finding the plaintiff failed to prove ownership of 60 acres and documentary evidence showed a settlement.
The Tribunal erred by introducing and determining issues of forgery and identity that were not pleaded or framed for determination, violating procedural fairness and the principles of natural justice. The Tribunal also failed to properly evaluate the totality of evidence and misapplied the balance of probabilities. These errors necessitate a fresh hearing before the District Land and Housing Tribunal.
Source excerpt
The court dismissed the plaintiff’s land claim, found the plaintiff was a tenant, held a key apology letter forged, and allowed the landlord’s counterclaim for rent arrears.
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