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The High Court dismissed a land appeal as time-barred, holding that time ran from the original 24 April 2018 pronouncement, not a later rereading in 2020.
The Court of Appeal struck out this civil appeal after finding no valid High Court judgment had been pronounced under Order XX rule 1 of the Civil Procedure Code.
The Court of Appeal held that a High Court judgment delivered without notice to the parties was invalid, nullified the proceedings, and directed proper delivery on notice.
The judgment and decree included in the record of appeal were not properly signed and dated by the presiding judge at the time of pronouncement, rendering the record of appeal incomplete and incompetent. However, the anomaly was not occasioned by the appellant and did not prejudice the respondents; thus, the overriding objective principle was invoked to allow correction by supplementary filing.
Source excerpt
The High Court allowed a civil revision application after finding the trial judgment’s pronouncement could not be ascertained from the record, making it invalid.
Appeal struck out after the court found the decree defective because it bore a date different from the judgment date. Judgment in chambers was not fatal.
The Court of Appeal struck out the appeal after holding that a judgment pronounced by a Senior Deputy Registrar, rather than the presiding judge, was invalid.
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