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The High Court quashed a DLHT dismissal order, holding the tribunal failed to follow Regulation 13 before dismissing the applicant’s land application for non-appearance.
The affidavit supporting the application was sworn before the applicant's counsel, contravening section 7 of the Notary Public and Commissioners of Oaths Act, rendering the affidavit defective and the application incompetent. The preliminary objection on this ground is sustained, and the application is struck out.
Source excerpt
The High Court dismissed an appeal against dismissal of a stay/objection application, but revised the lower court proceedings for irregular service and denial of hearing.
The Court of Appeal upheld an appeal over probate administration, finding the High Court had not determined the real issues and had acted on irrelevant revisionary grounds.
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