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The trial tribunal's records did not clearly show that the appellant was notified of the hearing date as required by regulation 11(1)(b). The contradictory proceedings and lack of evidence on notification justify setting aside the dismissal and restoring the application.
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The High Court's Land Division removed a caveat over the applicant's land, finding he was not notified as required and the respondents failed to prove an interest.
The appeal was allowed because the appellant demonstrated sufficient cause for delay, including illegality apparent on the face of the record regarding jurisdiction and lack of notification of ex-parte judgment delivery, warranting extension of time to appeal.
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Appellant did not raise the issue of necessary party at trial; evidence showed appellant was aware of dishonoured cheques and admitted indebtedness; trial court's decision was based on heavier evidence from respondent.
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Appellants failed to prove to the required standard that alleged irregularities materially affected the election results. Notification to the political party satisfied legal requirements. The error in recording registered voters was accidental and corrected, not affecting the outcome. The burden of proof remained with appellants, and procedural errors were not fatal. The appeal lacked merit and was dismissed.
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The appellants failed to discharge the burden of proof regarding alleged irregularities and non-compliance with election laws. Notification to the political party sufficed for candidate notification. The error in recording the number of registered voters was a trivial, non-material irregularity. The trial court's refusal to order production of original forms was justified as the issue was not properly pleaded. Extraneous considerations did not affect the outcome; the dismissal was based on insufficiency of evidence.
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