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The High Court struck out a civil appeal after finding the District Court proceedings were a nullity because the appellant was not a party in the original trial court case.
The applicant, as a co-owner and co-decree holder, was a necessary party in Misc. Application No. 243 of 2023. Her exclusion deprived her of the right to be heard, violating principles of natural justice and rendering the proceedings and orders unlawful. The DLHT exceeded its jurisdiction by granting reliefs beyond those sought and contrary to prior decrees.
Source excerpt
The High Court allowed a land appeal, quashed DLHT proceedings, and set aside the judgment because the disputed land was not properly described.
The Court of Appeal nullified High Court proceedings conducted after the death of a co-appellant without substitution, set aside the judgment, and left the DLHT decision in force.
The High Court dismissed an application for leave to appeal as time-barred, holding that the 30-day limit had expired and a certificate of delay did not apply.
The Court of Appeal struck out NMB Bank’s appeal as incompetent because the High Court ruling on a preliminary objection was interlocutory and not appealable.
The High Court nullified land proceedings after the original tribunal record could not be traced, quashing the lower decisions and allowing any fresh suit under current law.
The Court of Appeal struck out a revision application in a labour dispute, holding that it lacked jurisdiction to revisit factual issues decided by the High Court.
The Court of Appeal held that the High Court became functus officio after sustaining a preliminary objection and could not determine the appeal on merit.
The High Court struck out a revision application as premature, holding that the applicant had not first pursued the remedy of setting aside the tribunal’s order.
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