JOHN GWANGWAY VS
The application for leave to appeal is rendered unnecessary due to the procedural amendment abolishing the leave requirement effective 1st December, 2023.
Source excerpt
- Leave to appeal
- Procedural amendments
- Land ownership dispute
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The application for leave to appeal is rendered unnecessary due to the procedural amendment abolishing the leave requirement effective 1st December, 2023.
Source excerpt
The High Court Land Division dismissed an application for extension of time to lodge a notice of appeal, and struck out leave-to-appeal prayer as redundant.
The Court of Appeal held that the omission from the record of appeal was procedural and, under amended Rule 96(7), allowed the appellant to file a supplementary record.
The application for extension of time is rendered superfluous by the retrospective operation of the amended rules, which allow inclusion of omitted documents in the record of appeal with Registrar's permission at any time before hearing. The applicant should pursue this remedy instead of the present application.
Source excerpt
The application for extension of time is rendered superfluous by the retrospective application of the amended rules, which allow the applicant to seek inclusion of omitted documents in the record of appeal with the Registrar's permission without the need for a formal application for extension of time.
Source excerpt
The Court of Appeal found the record of appeal defective for an unsigned notice of appeal and a missing exhibit, but allowed the appellant time to rectify it.
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