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Citation
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Judgment date
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| December 2014 |
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Preliminary objections to a libel plaint were dismissed: pleadings found to state material facts, properly signed and verified.
Civil procedure — Preliminary objection — Pleadings — Order VI rr.3,14,15(2) — Distinction between material facts and evidence — Verification clause (knowledge vs belief) — Pleadings must state facts, not legal argument.
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31 December 2014 |
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Preliminary objections to form and content of a libel plaint (signature, verification, evidence vs facts) were overruled.
Civil procedure — preliminary objection — Order VI rules on pleadings — distinction between pleaded facts and evidence — signature and verification requirements — libel pleadings and particulars.
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31 December 2014 |
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Court overruled objections, holding the plaint properly pleads material facts and meets formal requirements.
Civil procedure — Preliminary objection — Pleadings — Distinction between material facts and evidence under Order VII r.3 — Requirement for signature under Order VII r.14 — Adequacy of verification clause — Pleadings must state factual averments, not legal argument.
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31 December 2014 |
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Temporary injunction granted to prevent eviction and demolition pending resolution of the related land suit.
* Civil procedure – Temporary injunction – Order XXXVII Rule 1(a) & Section 68(c),(e) Civil Procedure Code – requirements: pending suit and sufficient cause – relief to prevent eviction and demolition pending determination of land dispute.
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30 December 2014 |
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A repudiated cautioned confession uncorroborated by independent evidence cannot safely ground convictions on circumstantial proof.
Criminal law – murder – proof beyond reasonable doubt – repudiated cautioned confession requires corroboration – circumstantial evidence must exclude all reasonable hypotheses of innocence – PMRs admissible for forensic findings but extraneous opinions to be expunged – witness credibility and minor discrepancies.
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30 December 2014 |
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Court grants temporary injunction restraining respondents from publishing alleged defamatory articles, rejecting fair comment and public interest defences.
* Civil procedure – interim injunction – restraining publication of alleged defamatory material pending trial.
* Defamation – fair comment and qualified privilege – limits where publication lacks genuine public interest.
* Balance of convenience – prevention of further reputational harm justifies temporary injunctive relief.
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29 December 2014 |
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Applicant granted temporary injunction against respondents’ publications; court found no fair comment or public interest defence.
* Defamation — Interim injunctions to restrain publication — balance between freedom of expression and protection of reputation; * Fair comment and qualified privilege — availability as defences at interlocutory stage; * Public interest — scope and relevance in justifying potentially defamatory reportage.
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29 December 2014 |
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Applicants awarded damages and return of documents for respondents' breach of share-purchase agreement.
Share-purchase agreement – breach of contract – failure to pay consideration and effect share transfer – assessment of general damages – order for return of cheques and company documents – interest and costs – ex parte/non-appearance of foreign respondents.
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29 December 2014 |
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Preliminary objection on non-bailability was premature; defective counter-affidavit struck out with leave to amend.
* Criminal procedure — Bail — Interpretation of section 148(3) read with 148(4) and 148(5) (Cap 20 R.E. 2002) — s.148(5)(a)(ii) and (iii) — illicit drug offences, commercial purpose and value threshold. * Preliminary objections — when raised — requirement that objection must be a pure point of law; evidential issues render objection premature. * Evidence — need to determine commercial/non-commercial use and drug valuation before deciding bailability. * Affidavits — attestation requirements (name/place/date of attesting officer); defective affidavits may be struck out with leave to amend.
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29 December 2014 |
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25 December 2014 |
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The applicant's suit challenging the Registrar's land‑register rectification was struck out for failure to appeal under s.102.
Land Registration Act s.102 – appeal against decision, order or act of the Registrar of Titles – jurisdictional requirement to appeal to High Court within three months; preliminary objection–point of law arising on pleadings–rectification of land register; remedy by appeal not civil suit.
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24 December 2014 |
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Review dismissed: High Court lacks jurisdiction over trade disputes and the claim was time-barred.
Civil procedure – Review under O. XLIII r.1: grounds required (new evidence, apparent error, other sufficient reason); Labour/trade disputes – High Court’s lack of original jurisdiction where Court of Appeal has held trade disputes are outside High Court original jurisdiction; Limitation – recovery of sums under written law governed by item 10, Part I of First Schedule to Law of Limitation Act (six-year period).
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24 December 2014 |
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Plaintiff confirmed owner under valid sale; vendors performed; alleged third‑party interference unproven; injunction granted.
Property law – validity and effect of a land sale agreement; proof of transfer and possession; requirement to prove non‑performance before claiming specific performance or refund; evidential burden on claimant to prove trespass or interference; award of declarations and prohibitory injunction; dismissal for lack of cause of action; costs awarded to performing vendors.
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22 December 2014 |
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Application for interim injunction to stay execution dismissed for inordinate delay, deficient affidavit and absence of pending proceedings.
Civil procedure – interim injunctions – interim relief requires pending proceedings; application held time‑barred and an abuse of process due to inordinate delay and defective affidavit; execution may not be stayed by such delayed application.
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22 December 2014 |
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A non‑statutory caveat lodged at the Companies Registry has no force; court will not order changes affecting a non‑party company.
* Company law – registrable instruments – "caveat" lodged at Companies Registry has no statutory recognition under the Companies Act; informal letters at BRELA lack legal force. * Company records – Registrar may properly refrain from effecting changes where shareholder disputes are pending. * Procedural law – court should not make orders affecting the affairs of a non-party company not before the court.
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19 December 2014 |
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Application to set aside default judgment dismissed: ignorance of law and pursuing arbitration without appearance insufficient reasons.
Civil procedure – Setting aside default judgment – Rule 23(1) & (2) High Court (Commercial Division) Procedure Rules, 2012 – ‘sufficient reasons’ test – ignorance of law not sufficient – must enter appearance before seeking stay/arbitration.
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19 December 2014 |
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19 December 2014 |
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A committal court must determine objections to its jurisdiction and charge competence; defective jurat date rendered affidavit unreliable.
Criminal procedure – committal proceedings – jurisdiction of subordinate court to determine its own jurisdiction and competence of charge; Affidavits – oath versus affirmation; jurat formalities and truthfulness of jurat date – Notaries and Commissioners for Oaths Act; High Court supervisory powers – remit to subordinate court under s.44 MCA and s.373 CPA.
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19 December 2014 |
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18 December 2014 |
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Review unsuitable where it requires re-evaluating submissions; court corrected striking out to dismissal and ordered each party to bear own costs.
* Civil procedure – Review under Rule 3, Order XLII CPC – meaning and limits of "error apparent on the face of the record" – error must be manifest and not require re-evaluation of evidence or submissions. * Procedure – correction of court order – substitution of striking out with dismissal where application was heard and found without merit.
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18 December 2014 |
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Application to set aside dismissal for want of prosecution dismissed; non-appearance and informal notice to clerks were insufficient.
* Commercial Division – dismissal for want of prosecution – application to set aside under s.95, Order IX r.(1) CPC and High Court (Commercial Division) Rule 43(2).
* Non-appearance – failure to file agreed skeleton arguments equates to non-appearance and may justify dismissal.
* Procedural notice – informal notice to court clerks is inadequate; formal application or adjournment required.
* Evidence – late-filed affidavit by court clerk expunged as afterthought.
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18 December 2014 |
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Applicant granted interim injunction preventing respondent roofing or farming disputed land pending appeal due to risk of irreparable harm.
Civil Procedure — Temporary injunctions (O. XX. XVII r.1(a) & s.95 CPC) — Preservation of disputed land pending appeal — Sufficient cause/irreparable harm on balance of probabilities — Status quo and inadequacy of damages — Costs each party to bear.
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18 December 2014 |
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Temporary injunction granted pending appeal to prevent roofing and cultivation likely to cause irreparable harm and deny access.
* Civil procedure — Temporary injunction — Order XXXVII Rule 1(a) and Section 95 CPC — Preservation of status quo pending appeal — Balance of probabilities and prevention of irreparable harm — Damages inadequate remedy.
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18 December 2014 |
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Plaintiff failed to prove breach; defendants substantially performed and the suit is dismissed with costs.
Contract law – alleged breach of supply, installation and commissioning of POS/payment/inventory systems; burden of proof in civil cases – onus on party alleging breach; substantial performance and partial completion (biometric ~75%); consideration unpaid (USD 35,000 of USD 45,700); lack of delivery documentation; remedy – dismissal and costs.
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18 December 2014 |
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Allocation by a political party branch is invalid; respondent’s inheritance evidence established ownership.
Land law – Village land allocation – Allocation purportedly by political party (CCM) branch is invalid; proper authority is village council/meeting; proof of ownership by inheritance; boundary disputes do not establish title.
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17 December 2014 |
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Appellant failed to prove lawful transfer of the disputed plot to deceased’s sisters; Tribunal’s finding of estate ownership upheld.
Land law – inheritance and devolution of estate – reliability of probate documents and transfer directives – necessity of registered transfer for transmission of title; evidential weight of occupation in inheritance disputes; probative value of primary court letters and inventory in land disputes.
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16 December 2014 |
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Ward Tribunal proceedings that fail statutory composition and procedural requirements are void, rendering its judgment a nullity.
* Land law – validity of sale of clan/village land – compliance with Village Land Act requirements and village council approval. * Tribunal procedure – Ward Tribunal composition and coram – Sections 11 and 14 of the Land Disputes Courts Act. * Procedural irregularities – effect of defective tribunal proceedings – nullity of judgment. * Right of redemption – claimed by clan/caretaker where sale allegedly irregular.
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16 December 2014 |
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Ward Tribunal proceedings that fail statutory composition and procedural requirements are void and cannot support a decision.
* Administrative law – Tribunal procedure – Ward Tribunal composition and procedure – Non-compliance with Sections 11 and 14 of the Land Disputes Settlement Act renders proceedings void.
* Land law – Village/clan land – Alleged sale and statutory formalities under the Village Land Act (approval requirements) and claim of right of redemption.
* Appeals – Appellate review – Appellate tribunal should not confirm judgments founded on procedurally defective tribunal records.
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16 December 2014 |
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Appellants' robbery conviction upheld on corroborated eyewitness and police evidence; sentence reduced to ten years.
Criminal law – robbery with violence – possession of stolen property – identification and corroboration – burden on prosecution – admissibility of exhibits/cautioned statements where no objection – flagrante delicto – sentence substituted to conform with statutory requirements.
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16 December 2014 |
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An adoption application citing incorrect provisions is incompetent and struck out; guardian ad litem must be formally appointed.
* Family law — Adoption — Procedure under Adoption of a Child Regulations (2011) — Rule 4 directions, Rule 4(5) Commissioner’s written appointment, Rule 11 Social Investigation Report, Rule 10 hearing notices.
* Guardianship — Guardian ad Litem — Social Welfare Officer must be formally appointed in writing before acting.
* Civil procedure — Competency of application — Failure to cite correct statutory provisions renders application incompetent.
* Statutory interpretation — Adoption applications must invoke Sections 54(1)(a) and 55(b) of the Law of the Child Act, 2009 and applicable Regulations (GN No.197 of 2012).
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15 December 2014 |
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Night identification unsupported by clear lighting and naming evidence: convictions quashed as unsafe.
* Criminal law – Armed robbery – visual identification at night – necessity for clear evidence on source and intensity of light to avoid mistaken identity. * Recognition v. identification – witness must particularise how identification was made. * Witness inconsistencies and unexplained delay in naming/arrest weaken prosecution’s case. * Convictions unsafe where all possibilities of mistaken identity are not excluded.
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15 December 2014 |
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Conviction for unlawful possession of government trophy quashed for failure to prove species amid evidential contradictions.
Wildlife offence — unlawful possession of government trophy; requirement to prove species of seized meat; contradictions in witness descriptions; need for expert evidence; DPP consent under EOCCA s.12(3) valid when issued by authorized Senior State Attorney.
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15 December 2014 |
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Conviction for possession of a government trophy quashed due to material inconsistencies about the meat’s identity despite valid DPP consent.
Criminal law – unlawful possession of government trophy – identity of seized meat and insufficiency of proof; Jurisdiction – DPP consent under s.12(3) Economic and Organized Crime Control Act; Evidence – contradictions among prosecution witnesses and need for expert identification; Procedural – s.192 memorandum omission not fatal; Sentence – conviction quashed and sentence set aside.
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15 December 2014 |
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Court convicted accused of murder on credible single-witness identification and sentenced them to death.
Criminal law – Murder and robbery – Visual identification by a single eyewitness (victim) – Conditions for safe identification (lighting, proximity, prior acquaintance, prompt reporting) – Delay in arrest – Alibi – Weight of minor contradictions.
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15 December 2014 |
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Three accused convicted of murder on identification, caution statement, ballistics and recent possession; fourth acquitted.
Criminal law – murder – visual identification and identification parade – admissibility and reliability; caution statement recorded after delay – admissibility and corroboration; doctrine of recent possession – stolen items recovery; ballistic evidence linking firearm to scene; alibi — sufficiency to raise reasonable doubt.
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15 December 2014 |
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Amendments to written statements of defence require court leave; amended plaint disclosed jurisdiction and was valid.
Civil procedure – Amendment of pleadings – Order VI r.17 and Order VIII r.13 require leave of court for amendments after filing a WSD; failure to obtain leave renders amended WSDs liable to be struck out. Pleading requirements – Order VII r.1(f) & (i) – plaint must disclose jurisdiction and value of claim; foreign-currency claims acceptable. Procedural conduct – Raising POs piecemeal may constitute abuse of process and unjustified delay.
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12 December 2014 |
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Amendments to written defences require court leave; the plaint adequately disclosed jurisdiction and foreign-currency claims are permissible.
Civil procedure – amendment of pleadings – Order VI r.17 and Order VIII r.13 – leave required to amend WSDs; Pleading requirements – Order VII r.1(f) and (i) – jurisdiction and value of claim; Foreign currency claims – permissible without pre-conversion; Abuse of process – piecemeal preliminary objections and right to speedy trial.
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12 December 2014 |
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Conviction quashed: victim's age and penetration unproven and written statement improperly admitted.
Criminal law – statutory rape (s.130(2)(e)) – requirement to prove victim's age; Rape – requirement of proof of penetration however slight; Evidence – admissibility of written statements under s.34B Evidence Act (cumulative conditions); Evidence – competency/voir dire of child witnesses and need for adequate record; Appeal – conviction unsafe where essential elements unproved or evidence inadmissible.
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12 December 2014 |
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12 December 2014 |
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12 December 2014 |
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Court affirms jurisdiction over malicious prosecution claim; late jurisdictional objections by respondent estopped and dismissed with costs.
Civil procedure – preliminary objection – jurisdiction – late raised jurisdictional points – estoppel where party declared no preliminary objections at first pre-trial conference; Tort – malicious prosecution – civil remedy for institution of criminal proceedings resulting in nolle prosequi; Forum non conveniens/labour law – claim not a labour matter and not for CMA/Labour Court.
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12 December 2014 |
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Circumstantial evidence and unnotified alibi: court convicted the accused of murder and imposed death sentence.
Criminal law – Murder – circumstantial evidence – requirement that circumstances be inconsistent with innocence – identification parade – admissibility and weight of eyewitness ID – alibi notice under s.194(4)-(6) Criminal Procedure Act – recovered weapon as circumstantial link.
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12 December 2014 |
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Circumstantial evidence and identification parade sufficed to convict the accused of murder; alibi rejected for non‑compliance.
* Criminal law – Murder – Circumstantial evidence – last seen with deceased, weapon found at grave, disappearance after death – sufficiency to prove guilt and malice aforethought.
* Evidence – Identification parade – weight and reliability of witness identification.
* Criminal Procedure – Alibi – failure to give statutory notice under section 194(4)-(6) – discretion to accord no weight.
* Trial procedure – Assessors’ opinion – trial judge entitled to disagree and convict on sound evidence.
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12 December 2014 |
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Application for judicial review struck out due to an incurably defective affidavit; related interim injunction vacated.
Judicial review — competence of application — affidavit defects — inconsistency of deponent identity — incurable defect — effect on interim injunction — amendment/curing of affidavits — abuse of process.
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12 December 2014 |
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Court granted review, found error in title information, set aside auction confirmation and ordered purchaser reimbursement.
Civil procedure — Review under Order XLII Rule 1 — grounds: new evidence, error apparent on face of record, sufficient reasons; Official Search/misinformation; ownership of security (sub-title) vs main title; validity of Deputy Registrar order; setting aside confirmed auction sale; reimbursement to purchaser; execution preserved for decree-holder; costs and taxation directions.
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12 December 2014 |
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11 December 2014 |
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10 December 2014 |
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Appeal dismissed: no proved deemed occupancy, no bias, decree omissions correctable under section 96 CPC.
Land law – deemed right of occupancy – issue not pleaded or proved at trial – native status required; Civil Procedure – contempt of injunction and improvements made at owner’s risk; Administering justice – alleged bias and disqualification of trial chairperson; Joinder of parties – proper procedure under Order 1 Rule 10(2) CPC; Decrees – clerical omissions correctable under section 96 CPC.
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10 December 2014 |
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Prior lawful sale by the respondent's administrator prevailed; applicant may recover purchase money from the wrongful seller.
Land/title dispute – double sale by administrator – prior lawful sale binds subsequent purchasers; street name change does not affect identity of property; wrongful sale entitles purchaser to recovery from seller; eviction under court order bars damages for alleged loss during eviction.
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10 December 2014 |
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10 December 2014 |