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The High Court overruled the petitioner’s preliminary objections, holding that the affidavit was properly signed and verified and that alleged defects were not made out.
All preliminary objections fail as the issues raised require evidence and cannot be determined at the preliminary stage; the plaint discloses a cause of action; and any defects in verification or signing are not fatal and can be cured by amendment.
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Appellant failed to prove lawful ownership as Fifth Respondent denied sale, Sixth Respondent vanished, and appellant did not establish valid root of title. Defects in pleadings verification were not raised at trial and do not affect merits.
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The suit is barred by res judicata as the cause of action and parties are substantially the same as Land Case No. 210 of 2022, which was dismissed for want of prosecution, amounting to final determination. The first plaintiff's legal capacity was not properly pleaded, rendering the plaint incompetent. The plaint is defective for being lodged by a party not recognised in law.
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