Description
- Application dismissed for want of prosecution – respondent applied for and obtained an execution order – execution order unlawful because there is nothing to execute.
- Court has no jurisdiction to order execution while it has not declared rights/relief of parties.
- The District Land and Housing Tribunal has no jurisdiction to execute orders of probate and administration proceedings.
- Proof of ownership of family land where the owner is deceased and there are no documents for proof of ownership – proof by testimony of clan members or elders or family members – testimony of a neighbour inadmissible under such circumstances since he is not a family member and is not versed with the history of the land.
- Interpretation of Section 43(1) of the Evidence Act – an order or judgment in probate is relevant evidence.
