The High Court Land Division struck out a suit after holding that claims for breach of contract and nuisance/trespass were not a land dispute within its jurisdiction.
The appeal was dismissed because the appellant's suit was time-barred, having been founded on tort and filed outside the prescribed limitation period. The appellant failed to plead any grounds for exemption from limitation as required by law. The findings on non-joinder and wrong parties were not the basis of the trial court's decision and were thus inconsequential.
The High Court Commercial Division held that a fire-damage claim between neighboring companies was a tort, not a commercial dispute, and struck out the case for lack of jurisdiction.
The suit was filed on the basis of a defective and irrelevant legal aid certificate, and no court fees were paid nor was there a valid application for remission. This is a fundamental defect under the Court Fees Rules, 1964, rendering the suit a nullity. The non-joinder of the Attorney General was not fatal, but the incurable defect regarding court fees is dispositive.
The High Court held it lacked jurisdiction over a customs-related damages claim, because disputes arising from revenue laws had to go to the Tax Revenue Appeals Board.
The High Court Commercial Division struck out a suit for want of jurisdiction, holding that a trespass and vacant possession claim was not a commercial matter.