David Appuhamy v. Yassassi Thero – sllr 1987 volume 1 page 253

In the case between David Appuhamy (plaintiff) and Yassassi Thero (defendant), the court examined whether the Magistrate of Morawaka was vested with jurisdiction under sections 66 and 68 of the Primary Courts Procedure Act to conduct an ex parte inquiry into a land dispute involving alleged threat of breach of the peace, and whether procedural irregularities warranted revision. It was determined that the filing of information by the police conferred jurisdiction on the court, and objections not raised at the earliest stage were deemed waived, in accordance with established precedent. However, the order issued by the Magistrate was found to contain a fundamental misdirection regarding determination of actual possession of the disputed land, contrary to statutory requirements. Accordingly, t