Mohamed Zain Mohamed Nizam & Mohamed Shafi Mohamed Illiyas vs Mohamed Abubucker Mohamed Faiz – CA 888/2000-2013
In the case between Mohamed Zain Mohamed Nizam and Mohamed Shafi Mohamed Illiyas (Appellants-Petitioners) and Mohamed Abubucker Mohamed Faiz and others (Respondents), the court addressed the issue of procedural compliance in prosecuting an appeal from a District Court decision. It was held that the failure of the appellants to file necessary substitution papers and their absence at the hearing constituted a lack of diligence, warranting dismissal of the appeal without costs. The decision reaffirmed the principle that parties must act with requisite diligence and comply with procedural requirements in appellate proceedings. Reliance was placed on the existing procedural rules governing appeals, underscoring that appeals may be dismissed for want of prosecution if parties disregard court dir

