Appeal against a Judgment of the full Bench of the High Court – Matter had started in the High Court, was before the Supreme Court on two previous occasions and finally a Judgment emerged after the third appearance before the High Court – At the outset both Counsel agreed that the issue of constitutionality in respect of the provisions of the Rating Act appeared as an unwelcome sidetrack during the proceedings and agreed that it was not an issue which this Court needed to decide upon – The main issue was that relating to the locus standi of the 1 st Applicant to have brought the matter to the High Court
in the first instance – Provisions of Rule 33(1) invoked in respect of the admission of an affidavit refused by Court a quo –Found that 1 st Respondent had no locus standi to institute the proceedings and appropriate costs orders made.
