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High Court allowed a land appeal, holding that a partly heard case should not have been dismissed for want of prosecution after the appellant refused to continue.
The appellant failed to prove ownership of the disputed house as the property remained registered in the name of the deceased, and the burden of proof was not discharged. The legality of the sale and the issue of stamp duty were not properly raised at trial, and the remedy for lack of stamp duty is payment, not invalidation. The court records are presumed accurate, and no evidence rebutted this presumption. The appeal lacks merit and is dismissed with costs.
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