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…It would seem to us that where liability has been established by a preliminary decree, it is necessary to appeal within proper time against that preliminary decree.…

…The argument is very well set out on pp 604 and 605 where the distinction was drawn between preliminary decrees and interlocutory orders.…

…The land had been sub-divided by then with the consent of the Land Control Board because the decree had been executed. Nduhiu complained he had lost all his land without being heard.…

…He asked for orders that Mr Justice J S Patel’s ruling and orders be set aside, the ex-parte judgment of June 11, 1979 and its decree be set aside, Nduhiu be given leave to file a reply to the counterclaim and the suit be…

…The extracted decree is in the same terms. The hearing before this Court, is the appeal by the appellant against the judgment of the learned judge of the High Court.…

…Although this was the most important order made by the judge and against which much of the appellants counsel’s firepower has been directed, for some reason, it was not included in the formal decree.…