The draft order in this appeal has been referred to me by the respondent for which Mr Lakha appeared. The date for the hearing of this reference was fixed by consent by a representative of each party in this court’s registry and it was agreed all round that no hearing notice need be sent out to either of them. No-one appeared for the appellant.
Mr Lakha submitted that the draft should be amended, first, to include an order that:-
“The plaintiff be evicted from the suit property forthwith...”
which was asked for by the respondent in its notice of cross-appeal on September 10, 1979 and was allowed with costs in the orders of this court on October 27, 1982. His instructions are that the appellant has already left, so the amendment is a formal matter but necessary for an accurate reflection of what this court ordered. At the hearing of the appeal the appellant’s advocate submitted the High Court could not have made an order for its eviction but he did not elaborate. This amendment ough…