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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.
Omission to indicate the applicants' status as administrators in the heading is not fatal since their status is clearly stated in the affidavit, which forms part of the application. The omission is curable and does not render the application incompetent, especially as no prejudice was caused to the respondent.
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The High Court overruled preliminary objections to a land appeal extension application, holding that naming and citation errors were curable by amendment.
Failure to cite subsections of the relevant provisions by a layperson does not render the application fatally defective where the court has jurisdiction and substantive justice is not prejudiced; technicalities should not defeat the interest of justice.
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Certification of the judgment by the Registrar did not occasion a miscarriage of justice; the appeal is not incompetent as the judgment was signed by all Tribunal members and the technical defect does not affect substantive justice.
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