ECC 2010/57

The original dispute involved a request for title to land to be validated and the pre-emption right applied. The key issue was whether a missing appeal date in the appeal documentation had an impact on the ruling itself.

Background

A claimant filed a case against two defendants and requested the court validate her right to possess disputed land. The claimant stated she knew that her brother (the second defendant) had sold the land to the first defendant. The claimant stated she had a share in the land and had asked for the pre-emption right to be applied but the defendants had ignored her request.

The new buyer of the land intervened in the case and requested the court to reject the claimant's case.

The court rejected the buyer's case and ruled the claimant had the right to possess the disputed land.

The new buyer appealed the ruling before the court of appeal. The court dismissed the appeal document because it had not included the date of appealed ruling.

Decision