In Brief
In this property mortgage case, the plaintiff sought possession following the defendant's default. The defendant claimed to be a tenant rather than mortgagee and requested permission to file additional evidence supporting this. The trial court rejected this, finding the application was unduly delayed. The High Court in second appeal reversed the decree and remanded the matter for the additional evidence to be recorded. The Supreme Court disagreed with the High Court's approach. It held that the High Court's civil revision order from 2006 had attained finality and could not be collaterally reopened. The appeal was allowed and the matter remitted to the High Court for decision on the merits based on the existing record."
The lawyer headnote and full judgment text are available to registered users.