Preface

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particular circumstances of this case leans more on the side of granting the
application for extension of time and deeming the appeal as filed within time and
we so hold.
Having done that we equally felt the need for according the appeal an
accelerated hearing. We therefore relied on rule on Order X1V rule 16 of the Cadi
Appeals Panel Rules 2009, and proceeded into hearing the case as all the parties
are ready for that. In her address the appellant started by adopting her 4 grounds of
appeal and saying that she had no additional grounds than proceeded to say that
she contributed and assisted her late husband in construction of number 25 Allen
street compound when her husband was building it. She also said that during the
life time of her husband he bought two plots at old Yundum and gave one of them
as a gift to 1 st respondent she therefore upon the above two reasons concluded that
she is entitled to be given the whole of number 25 Allen street upstairs and
downstairs as her share of inheritance.
In her response the 1 st respondent refuted the fact that their late husband
gave her a plot at old Yundum as a gift. Then she narrated her own version of the
story about what transpired between her and her husband regarding the plot at old
Yundum. She said the plot in question was originally her own and it never be
owned by her husband and it was never been given to her by her husband as a gift.
She further said that when she wanted to buy the plot in question she gave the
money to her husband who in turn bought it for her. When asked the appellant said
she is not challenging 1 st respondent’s ownership of the plot she is only contending
that it was given to her by their late husband and that will be the reason why she
will be entitled to number 25 Allen Street as her share.