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Appellate court dismissed challenge to conclusive certificate of title; unpleaded or unproven defences cannot be raised on appeal.
Land law – Certificate of title – Section 33 Lands and Deeds Registry Act – conclusiveness of title; pleadings – fraud and impropriety must be specifically pleaded; limitation – statute of limitations defence must be pleaded and proved; appellate procedure – issues not raised below cannot be raised on appeal; adverse possession barred by certificate of title (s.35).
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