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High Court allows an appeal and overturns a decision of the Master of the High Court extending the time for the defendant to appeal an Order of the Circuit Court granting possession of a property made over five years earlier, on the grounds that: (a) the defendant was not suffering from a medical condition that prevented him from prosecuting an appeal; (b) there was no credible medical evidence put before the Court to substantiate his ailments; (c) the appellant gave no credible reason as to why he failed to appeal within the time limits; and (d) the defendant failed to establish arguable grounds for appeal.
Appeal of a decision of the Master of the High Court extending the time for the defendant to appeal an Order of the Circuit Court granting possession of a property made over five years earlier - the Circuit Court granted the plaintiff an Order for possession on 28th February 2012 - the appellant issued a Notice of Motion returnable before the Master seeking to extend the time to appeal said Order of the Circuit Court on 3 May 2017 - the time allowed under the Circuit Court Rules to make an appeal is 10 days - whether the defendant was suffering from a medical condition that prevented him from prosecuting an appeal - whether the defendant established arguable grounds for appeal - appeal allowed - decision of the Master overturned.
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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