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The High Court dismissed preliminary objections in a land appeal, holding that misjoinder did not defeat the appeal, omnibus prayers were not fatal, and Folio 6 satisfied the decision requirement.
The application was incompetent due to omnibus prayers and could not be amended after a preliminary objection was raised; the only remedy was to strike out the application.
Source excerpt
The High Court Land Division rejected preliminary objections but dismissed an application to set aside a prior dismissal order, finding insufficient reasons for non-appearance.
The Tribunal erred in granting extension of time as the respondent failed to account for the delay and was aware of the ex-parte judgment; the application was incompetent due to omnibus prayers under different legal provisions; the Tribunal failed to exercise its discretion judiciously, warranting the quashing and setting aside of its decision.
Source excerpt
The court struck out a judicial review application for failure to exhaust Fair Competition Tribunal remedies first.
The High Court struck out a civil revision application as incompetent because it combined two distinct rulings in one chamber summons and one prayer was time-barred.
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