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The inclusion of deceased persons as parties rendered the proceedings a nullity; Rule 25(3) does not authorize removal of deceased parties; suit filed in names of deceased persons is inherently flawed and must be struck out.
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The High Court dismissed a land appeal over an alleged encroachment on a community road, holding that the road was for public use and not part of the appellant’s plot.
The High Court Labour Division dismissed an application to extend time for filing revision, holding that the applicants failed to explain 76 days of delay.
Applicants filed the application within the 14 days granted by the court in the previous order, thus there was no inordinate delay and the principles requiring accounting for each day of delay did not apply. Good cause was shown for extension of time in the circumstances.
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The applicant was denied the right to be heard when the arbitrator closed its case without first hearing the applicant or ensuring proper opportunity to present its case, constituting a violation of procedural fairness and natural justice. This procedural defect is sufficient to quash the CMA award and proceedings.
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The High Court Labour Division granted time extension for applicants to seek leave to file a representative suit, holding that leave itself is not time-barred.
The High Court Labour Division held that a repeated application was barred by res judicata because an earlier, time-barred application had already been finally determined.
The High Court Labour Division dismissed an application to extend time for revision of a CMA award, finding the applicants had not shown sufficient cause for a long delay.
The delay of 48 days from the date leave for a representative suit was granted to the filing of the application is not inordinate. The applicants acted in compliance with legal requirements and have shown good cause for extension of time.
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A suit filed in the name of a deceased person is a nullity and cannot be cured by abatement or amendment; Order XXII Rule 3 of CPC does not apply when the plaintiff died before institution of the suit.
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