Kayas vs Nazeer and Others – sllr 2004 volume 3 page 202

In KAYAS v NAZEER AND OTHERS, the court considered a dispute regarding the possession of land. The main issues addressed included the jurisdiction of the Primary Court to order restoration of possession under the Primary Court Procedure Act (notably sections 68[1], 68[2], 68[3], 68[4], 76, and 78), the effect of the respondent divesting possession by deed, and the appellant’s standing to seek relief despite not being a party to the original proceedings. The findings established that the Primary Court Judge lacked jurisdiction to order restoration of possession given the circumstances, particularly after the 1st respondent had already divested possession. It was further determined that the appellant qualified as an aggrieved party warranting relief, as a new dispute had arisen following the