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The Court of Appeal held that an application against a non-existing party was incompetent and struck out an extension-of-time application with costs.
The application was struck out because it was instituted against a non-existent party (the 4th respondent), making any orders sought unenforceable. The defect in the affidavit was not fatal after expunging the offending paragraphs, but the existence of a non-existent party was incurable.
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