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The applicant, as administrator of the deceased's estate with a legal interest in the mortgaged property, must be joined as an interested party to ensure the right to be heard and the interests of justice are served.
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The High Court granted leave to appeal, finding that one ground raised a substantial legal question about whether a third party may deposit security for costs without court permission.
The appellant, being a stranger to the loan contract and auction process, lacked standing to challenge the auction or its procedures. The auction and subsequent sale to the 4th respondent were conducted as a result of the 1st respondent's default, and the tribunal substantially complied with legal requirements regarding assessors and written submissions. The grounds of appeal lacked merit and were dismissed.
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The High Court held it lacked jurisdiction over an application for delivery of possession because a related cross-appeal was still pending in the Court of Appeal.
Section 372 of the Criminal Procedure Act does not exclude third parties from seeking revision; the High Court erred in holding the appellant lacked locus standi.
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The Primary Court lacked jurisdiction to attach the appellant's property because he was not the judgment debtor and not a party to the original proceedings; execution of a restitution decree cannot be enforced against third parties not impleaded in the suit.
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