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The High Court is functus officio and lacks jurisdiction to set aside or nullify its own decree passed in a previous case; any challenge to such a decree must be made by appeal or revision to a higher court, not by instituting a fresh suit in the same court.
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The High Court struck out a suit seeking to set aside its own earlier decree, holding that it was functus officio and that the proper remedy was appeal or revision.
The High Court set aside a compromise decree and execution order after finding fraud in the loan and settlement documents, and granted an injunction over matrimonial property.
The High Court granted an extension of time to challenge an ex parte judgment, finding the applicant acted promptly after learning of the decree and showed good cause.
Applicants failed to provide substantiated reasons or sufficient cause for the delay. No exceptional circumstances were demonstrated to warrant setting aside the summary decree or granting leave to defend. Application lacked merit and was dismissed.
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The Court of Appeal dismissed a challenge to a summary judgment, holding the appellants should first have sought to set aside the decree rather than appeal on merits.
The applicants were not served with notice of the proceedings after mediation failed and were not notified of the application to restore the suit, denying them the opportunity to participate. This constituted sufficient cause for both the delay in filing the application and their non-appearance. The court is empowered to extend time and set aside the ex parte decree in such circumstances.
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