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Court of Appeal dismisses application to extend time to appeal judgment mortgage made in respect of lands the defendant claims to have instructed to be transferred to her parents, finding that none of the three tests which the court must consider in deciding whether to extend time have been satisfied.
Judgment mortgage – practice and procedure – extension of time within which to appeal – mortgage was well charged on defendant's interest in lands – Examiner of the High Court directed to conduct accounts and inquiries – whether applicant has shown a bona fide intention to appeal formed within the permitted time – reason for delay – whether there is an arguable ground of appeal – parents' property in danger of discharging debt – none of the three tests for an extension of time satisfied – appeal dismissed.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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