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The High Court allowed a second appeal, holding the respondent failed to prove the claim where the alleged written land-sale agreement was not tendered and evidence contradicted itself.
The High Court allowed an appeal over a land sale dispute, finding the tribunal misdirected itself on disputed evidence and consent to the sale.
The proceedings in Civil Case No. 13 of 2005 were fundamentally flawed because the appellant and his witnesses gave evidence on defamation, which was not the subject matter of the suit, and the court and counsel failed to correct this misdirection. Therefore, the proceedings are quashed.
Source excerpt
The High Court quashed proceedings in a civil appeal after finding evidence had been led on defamation instead of the pleaded commission claim.
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