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The High Court granted Rajan Secondary School Ltd extension of time to file notice and petition of appeal in a land matter, citing sufficient cause and alleged denial of a hearing.
Failure to notify the appellant of the scheduled date for delivery of exparte judgment amounts to illegality and constitutes sufficient cause for grant of extension of time.
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The Court of Appeal struck out a civil appeal as incompetent because it had been brought against a deceased respondent and related High Court proceedings were a nullity.
The High Court upheld rectification of the land register and dismissed the appeal, finding the title was based on an unapproved survey plan and notice had been served.
Applicant met the mandatory three conditions for temporary injunction; application uncontested; injunction granted to restrain sale pending main case.
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High Court probate appeal upheld the district court’s revision, finding defective notice and procedural flaws in the appointment and estate distribution.
Default notice was properly served and rejected; respondent lawfully exercised mortgagee's power of sale; auction complied with statutory requirements; appellant failed to prove irregularities or undervaluation; bonafide purchaser's rights protected.
Source excerpt
The Court of Appeal struck out a notice of appeal for late service and failure to institute the appeal within time, with no proof of serving a request for proceedings.
The Court of Appeal upheld most preliminary objections in part but declined to strike out the appeal, ordering amendment of the notice and a supplementary record.
The High Court suspended execution proceedings because the judgment debtors had filed a stay application in the Court of Appeal, despite a service dispute.
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