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The High Court struck out a land suit because it was refiled after a prior withdrawal without leave, finding the same cause of action. A jurisdiction objection failed.
Failure to involve all parties in ward tribunal mediation renders the suit incompetent for want of proper certificate; withdrawal of counter claim without leave to refile precludes instituting a fresh suit on the same subject matter; both are jurisdictional defects justifying dismissal and striking out of the suit as appropriate.
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