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The High Court allowed a land appeal, quashed two lower tribunal judgments, and ordered a trial de novo after finding defects in tribunal composition and party capacity.
The Court of Appeal set aside a High Court judgment on admission for non-joinder of a necessary party, holding the estate’s legal representative had to be sued in that capacity.
The appellant had no locus standi to institute the suit in her own name and capacity regarding property belonging to the estate of the late Hija Roweta; only the lawful administrator of the estate of the deceased could sue or be sued in relation to the property. The proceedings and judgment of the High Court were thus nullified.
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