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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.…

…October, 1979 in the High Court Civil Case No. 575 of 1968 on the grounds that the applicant had previously filed Civil appeal No. 79 of 1985 which was struck out because the applicant did not include a certified copy of the decree…

…in the record of appeal; that the omission to include the order (sic) decree was a mistake on the part of his then advocate; and that as the applicant had fully entrusted the prosecution of the appeal in the ......... professional…

…October, 1979 in the High Court Civil Case No. 575 of 1968 on the grounds that the applicant had previously filed Civil appeal No. 79 of 1985 which was struck out because the applicant did not include a certified copy of the decree…

…in the record of appeal; that the omission to include the order (sic) decree was a mistake on the part of his then advocate; and that as the applicant had fully entrusted the prosecution of the appeal in the ......... professional…

…However, no further information about the progress of the case is available because it is evident from counsel’s submissions that the High Court file has been lost, and we are also informed that the decree, a vital document…

…It is true that the blame for the loss of the file cannot be attributed to the respondent, but he could at least have ensured that the decree was extracted and cooperated in the reconstruction of the file.…

…However, no further information about the progress of the case is available because it is evident from counsel’s submissions that the High Court file has been lost, and we are also informed that the decree, a vital document…

…It is true that the blame for the loss of the file cannot be attributed to the respondent, but he could at least have ensured that the decree was extracted and cooperated in the reconstruction of the file.…

…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…