- Flynote
- Civil Procedure|Appeals and reviews|Review of Judgment|Family Law|Matrimonial Property Law
- Case summary
- The court held that the judge having heard the matter was entitled to hear the review. That jurisdiction is a creature of statute and the appellant didn’t adduce evidence to contradict the jurisdiction. That the failure to note in the register is a technicality remedied by the constitution article 126(2)(e). that the holding of the judge in the review was erroneous. That the judge was not justified in sitting in appeal of his own judgment. That in the matter of the admission of fresh evidence, the judge was functus officio in the cause. That the judge was not justified in setting aside his decision in the matter of review.
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