Seiyudeen Lebbe Mohomed Husain v. Habeeb Mohamed Saharuwan Beebi – 1012/98-2016

In the case between Habeeb Mohamed Saharuwan Beebi and Seiyudeen Lebbe Mohomed Husain, the court addressed the issue of whether an appeal in a partition action, which had abated due to the failure to substitute a deceased party, should be reinstated and re-listed for hearing. The court determined that sufficient diligence was shown by the appellant in pursuing the application to restore the abated appeal, holding that procedural technicalities should not defeat substantive justice. This decision reaffirmed the principle that appeals may be reinstated upon demonstration of sufficient cause and appropriate steps taken by the appellant, with reliance placed on relevant case law establishing the court’s inherent power to set aside orders of abatement when it serves the interests of justice.

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