Related documents
Loading PDF...
This document is 65.9 KB. Do you want to load it?
History of this document
02 September 2016 amendment not yet applied
22 May 2015 this version
25 April 2015
Assented to
Cited documents 0
Documents citing this one 3
Judgment
2|
Appeal contesting admissibility and sufficiency of a bank statement to prove loan indebtedness dismissed.
Land law — mortgage enforcement; Evidence — admissibility of banker's book/electronic bank statement; Evidence Act s.79 (bankers' book copies) and Electronic Transactions Act s.18 — oral verification and authentication; burden of proof on party disputing claimed debt; failure to object or cross‑examine amounts to acceptance of exhibit.
|
|
Appellant with voidly executed right of occupancy has locus to sue; procedural non-compliance leads to striking out, not dismissal.
Land law — Right of occupancy — Execution requirements under Land Tenure Act s.9 — instrument not signed by Minister or authorised Director void ab initio; Possession and locus standi — long undisturbed possession confers standing to sue; Public law — Commission for Lands is a government agency — Government Proceedings Act procedures apply; Procedural remedy — non-compliance with statutory procedure warrants striking out plaint, not dismissal.
|