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Citation
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Judgment date
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| December 2018 |
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Applicant granted extension to seek High Court certificate but failed to specify points of law; 14 days to refile, costs shared.
Appeal procedure – appeals from primary courts require High Court certificate on point(s) of law; extension of time – discretionary grant requires sufficient cause (length, reason, arguable case, prejudice); layperson status not ordinarily sufficient cause; applicant must specify points of law for certification.
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31 December 2018 |
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The applicant lacked locus standi without letters of administration; DLHT decision quashed and parties may refile.
Land law – locus standi to sue in respect of deceased’s estate – necessity of letters of administration or appointment as administrator; Civil procedure – discretion to visit locus in quo where land size and village boundary disputed; Evidence – admissibility and evidential value of annexures, originals and certified documents; Procedural fairness in District Land and Housing Tribunal proceedings.
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31 December 2018 |
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District tribunal may enforce a Ward Tribunal decree under s16(3) and Reg 23 without rehearing the dispute.
Land law — Enforcement of Ward Tribunal decrees — Scope of District Land and Housing Tribunal in execution proceedings — Section 16(3) Land Disputes Courts Act (Cap. 216) — Regulation 23, Land Disputes Courts (The District Land and Housing Tribunal) Regulations, 2003 — Distinction between executing a decree and rehearing a dispute — Boundary clarification consistent with prior judgments.
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31 December 2018 |
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DLHT decision quashed where tribunal failed to visit locus, verify originals, and resolve res judicata between competing claimants.
Land law – concurrent proceedings over same parcel – necessity of locus in quo to ascertain identity of land; res judicata – applicability under section 9 Civil Procedure Code; evidence – requirement for original or certified documents rather than uncertified annexures; procedural fairness – right to be heard; remedy – quashing and setting aside tribunal proceedings.
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31 December 2018 |
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Appeal dismissed as time‑barred for failure to seek extension and lack of proof when decree was obtained.
* Limitation of actions – Appeals – computation of time – exclusion for time to obtain decree – s19(2) Law of Limitation Act. * Requirement to seek extension of time after withdrawal of prior appeal. * Absence of evidence when certified copy was obtained defeats reliance on exclusion. * Court's power to dismiss time‑barred matters – s3(1) Law of Limitation Act; authority: Stephen Masato Wasira v Joseph Sinde Warioba.
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31 December 2018 |
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Appellant failed to prove theft beyond reasonable doubt where defendant raised bona fide claim and charge particulars were deficient.
Criminal law – Theft – Element of fraud and absence of claim of right (Penal Code s.258(1)); bona fide claim of right as defence (s.9); burden to prove theft beyond reasonable doubt; charge particulars and sufficiency of information (Criminal Procedure Act s.132); appellate interference with concurrent findings of fact.
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28 December 2018 |
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Convictions quashed where identification, recent‑possession proof and telecom link were inadequately proved and cautioned statements unreliable.
* Criminal law – Identification evidence – night identification, naming at earliest opportunity and identification parade – requirements for safe identification. * Criminal law – Cautioned/confessional statements – need for caution and corroboration where co‑accused implicate others. * Criminal law – Recent possession – necessity of certificate of seizure and proof of ownership. * Evidence – Proof of subscriber identity – requirement of telecom company evidence to link mobile number to accused.
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28 December 2018 |
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An appeal filed outside the statutory limitation, without leave to extend time, is jurisdictionally time-barred and dismissed.
* Civil procedure — Limitation — Appeal from District Land and Housing Tribunal — Sixty-day period under Law of Limitation Act. * Computation of time — Section 19(2) and (5) — Exclusion for time to obtain copies requires court's satisfaction and applicant's request. * Jurisdiction — Time bar is jurisdictional; court may raise it suo motu.
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28 December 2018 |
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Appellate court reduces excessive general damages after trial court improperly included unproven special damages.
Damages — General damages must be grounded on evaluated evidence and reasons; specific damages must be specifically pleaded and proved; appellate reduction of excessive general damages where trial court erred.
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28 December 2018 |
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Conviction quashed where prosecution failed to dispel reasonable doubt and trial court shifted burden of proof to the accused.
Criminal law – Possession of suspected stolen property – Burden of proof; accused not required to prove innocence – Trial court improperly shifting burden by requiring production of ownership documents – Doctrine of recent possession not engaged where theft, ownership and recentness are unproven.
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28 December 2018 |
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Court extended time to appeal where applicant showed sufficient cause and delay in obtaining certified judgment and decree.
Limitation law – extension of time to appeal under s.14(1) Law of Limitation Act; requirement to account for delay; necessity of certified copies of judgment and decree for lodging a memorandum of appeal; evidentiary value of payment slips and receipts; exercise of judicial discretion to extend time where delay caused by difficulty obtaining court-certified documents.
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27 December 2018 |
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An application to lift an attachment was struck out as a disguised stay of execution and procedurally defective.
Execution of decree – Attachment of property – Challenge to attachment – Proper procedure under Order XXI Rule 57 – Disguised stay of execution and abuse of process – Wrong citation/non‑citation of relevant provisions renders application defective.
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27 December 2018 |
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Conviction quashed for unsafe night identification and improper use of an unavailable witness statement under Section 34B.
* Criminal law – Identification evidence – visual identification at night is weak; prosecution must exclude possibilities of mistaken identity (Waziri Amani principles). * Evidence Act s.34B – admission of unavailable witness statements requires strict compliance; contents and procurement must be placed on record. * Trial procedure – court must frame neutral issues, especially where identification is contested.
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27 December 2018 |
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Extension and certification refused due to inadequate explanation for delay and lack of locus standi.
Civil procedure – Extension of time – Applicant must provide sufficient, particularised account of each day of delay; vague medical chit insufficient. Locus standi – Plaintiff must show a recognized interest or agency to sue; lack of standing fatal to claim. Certification of point of law – prerequisite extension refused and application dismissed.
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27 December 2018 |
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Extension of time granted because late supply of certified copies, alleged assessor-illlegality rejected as insufficient.
Land law — Extension of time to file appeal — Delay caused by late supply of certified copies — Diligence in requesting copies — Alleged illegality (change of assessors) — Procedural irregularity vs. substance — Overriding objective.
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27 December 2018 |
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Appeal against execution dismissed as moot where original divorce decree remained unappealed and trial was fair.
* Family law – Divorce decree – execution of matrimonial decree – competence of appeal against dismissal of execution objection where original decree remains unchallenged; * Mootness – effect of absence of appeal or order setting aside original decree and absence of stay of execution; * Fair hearing – allegations of denial of hearing and judicial bias require support in record; * Appellate procedure – improper circumvention of timeous appeal against original judgment.
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24 December 2018 |
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Applicant failed to show good cause to extend time for revision; application dismissed with no order as to costs.
Labour law – extension of time to file revision – Rule 56(1) Labour Court Rules – duty to show good and sufficient reasons – necessity of affidavit evidence and accounting for each day of delay – effect of CMA record showing representative’s presence and collection of award.
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21 December 2018 |
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A Ward Tribunal judgment signed by the non‑voting secretary is a nullity and cannot be executed.
* Ward Tribunal procedure – validity of judgment – secretary must not participate in decision‑making; judgment signed by secretary is nullity. * Execution – execution cannot be based on a nullity; adequate description of suit land required for execution. * Land Disputes Courts Act s.45 – cannot cure absence of a valid decision. * Revision – court may nullify proceedings and order fresh trial where tribunal proceedings are void.
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21 December 2018 |
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Appeal dismissed where appellant failed to join/call village authority, pay required fees, and rebut credible allocation evidence.
Land law; village land allocation — effect of declining alternative allocation and failure to pay requisite fees; non-joinder — waiver where objection not raised at trial and material witnesses testify; burden of proof — party alleging allocation must call material authority or face adverse inference; locus in quo — discretionary and not required where credible eyewitness evidence exists.
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21 December 2018 |
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Suit struck out as time-barred, lacking mandatory 30-day notice and for suing the wrong party (District Executive Director).
* Limitation law – tort – cause of action in 2009 – item 6, Part I, Law of Limitation Act (three-year limitation) – claim time-barred.
* Local Government (District Authority) Act s.190(1) – requirement of 30-day statutory notice of intention to sue a local authority – non-compliance is a fatal procedural defect.
* Civil procedure – proper party to sue – District Council (legal person) v. District Executive Director (official) – wrong party sued leads to dismissal/striking out.
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21 December 2018 |
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Transfer and mortgage based on an invalid administratrix registration are void; registrar must restore the deceased’s title.
* Land — identity of parcel — renumbering of plot — Plot No.106 and Plot No.94 held identical.
* Probate/administration — validity of appointment of administratrix — registration irregularities render transfers void.
* Transfer and mortgage — nemo dat quod non habet — transfers and mortgage founded on invalid administrator appointment are vitiated.
* Limitation — accrual of right to recover land — accrual on dispossession/registration (2005), suit filed within limitation period.
* Mortgagee due diligence — banks held to higher standard of searches; failure to prove diligent search defeats bona fide mortgagee defence.
* Reliefs — rescission of sale and mortgage; rectification of land register and restoration of deceased’s name; costs.
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21 December 2018 |
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Absence of medical evidence and untendered exhibits left grievous harm unproven; appeal dismissed.
Criminal law – grievous harm – requirement of medical certification (PF3/x-rays) to prove serious injury – onus of proof on prosecution/complainant – inadmissibility of exhibits not tendered at trial – appellate review of trial record – compliance with s.312 Criminal Procedure Act.
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21 December 2018 |
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Appeal allowed: defective charge and lack of proof of victim's age required quashing of statutory rape conviction.
Criminal law – Statutory rape – Charge requirements under section 132 CPA – Proof of victim’s age mandatory – Consent immaterial for statutory minors – Defective charge vitiates conviction.
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21 December 2018 |
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Conviction for statutory rape quashed because the charge was defective and failed to state the victim’s age.
Criminal law – Statutory rape – Charge particulars – Section 132 CPA requires essential particulars including victim’s age; consent immaterial in statutory rape of a minor; conviction based on defective charge is liable to be quashed.
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21 December 2018 |
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Second appeal allowed where lower courts misapprehended evidence and damage was not proved.
Civil appeal — second appeal — scope to interfere with concurrent findings of fact — misdirection, non-direction or misapprehension of evidence; Proof of damage — reliability of damage assessment where assessor did not observe destruction; Ex parte proceedings after respondent's death.
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21 December 2018 |
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A refund claim for land purchase money due to non-delivery of possession is contractual and within the trial court's jurisdiction.
Jurisdiction — land disputes v contractual claims; sale of land — refund of purchase price; definition of land dispute as ownership or occupation; ordinary civil court competent to hear contractual claims relating to land sale.
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21 December 2018 |
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Appellant failed to prove continued company ownership; evidence showed lawful surrender of shares and valid sale to purchaser.
Land law – ownership dispute over company-held property – relevance of prior tribunal decision on different tenancy – surrender/transfer of company shares and lawful sale of property – admissibility and sufficiency of documentary evidence – assessors’ participation and relocation of hearing for medical reasons.
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21 December 2018 |
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A photocopied agricultural report improperly admitted cannot support an award; uncontroverted oral evidence sufficed to award reduced damages.
Civil procedure – ex parte proceedings – valid where defendant duly served but refuses to attend; Evidence – admissibility of copies – compliance with s.62 Evidence Act and calling maker for cross‑examination; Tort – liability for livestock trespass and crop damage; Appellate/revision powers – reduction of compensation by court.
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21 December 2018 |
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A legally sanctioned public-auction purchaser cannot be ordered to pay damages for loss of use of the purchased land.
Land law – sale by public auction sanctioned by court; entitlement to damages for loss of use of land sold; validity of auction not nullified; recusal of presiding magistrate; relevance of valuation evidence when legal title transferred.
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20 December 2018 |
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Loss of the original trial record justified setting aside unserved sentence and immediate release of the applicant where appeal was impossible.
Criminal procedure – requirement to annex copy of proceedings and judgment to petition of appeal (s.362(1)) – loss/non-traceability of original trial record – remedial options: retrial, acquittal or release – interests of justice – long incarceration pending appeal.
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20 December 2018 |
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19 December 2018 |
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Relying on an absent assessor's opinion violates mandatory assessor requirements and nullifies the appellate tribunal's judgment.
Land Disputes Courts Act, Cap. 216 – section 34(1) – mandatory requirement that District Land and Housing Tribunal "sit" with not less than two assessors – meaning of "sit" as physical attendance and participation; section 24 – chairman must take into account assessors' opinions; procedural irregularity where tribunal considered opinion of an assessor who did not attend/nullification and order for re-hearing; res judicata not established.
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19 December 2018 |
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Guilty plea is invalid if court fails to explain charges and allow the appellant to admit facts.
* Criminal procedure – Guilty plea – Court must explain charges and essential ingredients and afford accused opportunity to admit or explain facts before recording plea and convicting.
* Evidence – Plea admissibility – An unequivocal admission must be clearly recorded; absence of such renders plea equivocal.
* Road Traffic offences – Conviction and sentence set aside where procedural requirements for plea acceptance are not met.
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19 December 2018 |
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19 December 2018 |
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Appellant declared lawful owner of 70x70 plot; DLHT decision quashed for being self‑contradictory.
* Land law – allocation by village authorities and recognition under the Land Act (s.18); adverse possession by long uninterrupted occupation; appellate review – quashing of self‑contradictory judgment; boundary/encroachment dispute; evidentiary issues – contradictions and hearsay in witnesses' testimony.
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19 December 2018 |
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19 December 2018 |
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Oral evidence and a mediation record proved a loan, not a sale; appeal dismissed, each party to bear own costs.
* Civil law – loan v. part payment for sale – sufficiency of oral evidence and mediation record to prove debt.
* Evidence – corroboration – admissibility and weight of church mediation record (exhibit) as evidence of admission and promise to pay.
* Property law – requirement to prove transfer of ownership in alleged land sale – absence of title or documentary proof defeats sale defence.
* Standard of proof – balance of probabilities in civil claims.
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19 December 2018 |
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Conviction quashed where trial court failed to objectively evaluate defence and wrongly burdened accused with proving his age.
Criminal law – sexual/unnatural offence – victim is best witness – prosecution’s burden of proof – taking evidence of children of tender years; Accused’s age – burden of proof; Duty to objectively evaluate defence and resolve doubts in favour of accused; Conviction unsafe where defence raises unresolved reasonable doubts.
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19 December 2018 |
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Conviction quashed where night-time identification was unreliable and prosecution failed to prove armed robbery beyond reasonable doubt.
* Criminal law – Armed robbery – sufficiency of evidence; * Identification evidence – night-time identification, moonlight, torchlight and voice – application of Waziri Amani criteria; * Evidential corroboration – absence of PF3/medical report; * Appeal – conviction quashed for failure to prove guilt beyond reasonable doubt.
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19 December 2018 |
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Application for extension of time dismissed for failure to particularise illness and to account for each day of delay.
Extension of time – sufficient cause – illness of relative – requirement to particularise circumstances and provide adequate medical evidence – need to account for each day of delay.
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19 December 2018 |
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Appellate court overturns trial finding, finds revenue collectors failed to deposit funds and pay‑in slips were fraudulent; bank not liable.
Civil appeal — admissibility of secondary documentary evidence (s.68 Evidence Act; Order XXXIX Rules 27–28) — appellate discretion on additional evidence; misdirection/misapprehension of evidence — bank statements and witness testimony versus pay‑in slips; liability of revenue collector for failure to remit contractual sums; bank as custodian not liable.
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19 December 2018 |
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Conviction quashed where prosecution failed to prove plant identity and appellant's ownership or possession of the crop.
Criminal law – Unlawful cultivation of narcotic plants; proof beyond reasonable doubt; identity of seized plant – need for Government Chemist/expert evidence; proof of ownership/possession of crop; seizure evidence not imputable without ownership or confession.
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19 December 2018 |
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Conviction for unlawful cultivation quashed for failure to prove appellant's ownership/control and lack of expert identification.
Criminal law – Unlawful cultivation of narcotic plants – proof beyond reasonable doubt – need to prove ownership/control of cultivation; identification of drug evidence – importance of expert (Government Chief Chemist) report; evidentiary value of seized exhibits where accused not found in possession; credibility and interest of witnesses.
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19 December 2018 |
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Prosecution's failure to produce documentary proof and reliance on interested witnesses defeated proof beyond reasonable doubt against the applicant.
Criminal law – obtaining money by false pretence; burden of proof beyond reasonable doubt; credibility of interested witnesses; necessity of documentary evidence and production of impugned property; civil remedy for contractual disputes.
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19 December 2018 |
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A plaint lacking mandatory verification is incompetent, not amendable, and is struck out without costs.
Land procedure – Pleading verification – Mandatory verification under Order 6 Rule 15(1)&(2) Cap 33 – Defective verification renders plaint incompetent – Amendment under Order 6 Rule 17 not available for incompetent pleadings – Striking out plaint – Costs where defect raised by court.
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18 December 2018 |
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18 December 2018 |
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Appellate court quashed ex parte orders for lack of service and failure to consider extension application, remitting matter for retrial.
* Land procedure – ex parte proceedings – suo motu orders by tribunal – necessity of proof of service and fair hearing. * Civil procedure – application for extension of time to set aside ex parte judgment – tribunal must determine extension before declaring application time-barred. * Judicial conduct – tribunal must not assume prosecutorial role; failure to consider material evidence and applications amounts to irregularity and nullity.
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18 December 2018 |
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Proceedings continued ex parte in breach of section 13(2) Ward Tribunal Act are null and must be remitted for proper action.
Ward Tribunal Act s13(2) – complainant’s non‑appearance – duty to dismiss vs. hearing ex parte; effect of proceeding ex parte – nullity; service/summons requirements; res judicata arising from prior Ward Tribunal judgment.
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18 December 2018 |
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Court held it had jurisdiction under Order XXI r.62 to hear a suit challenging execution despite prior appellate declaration.
* Civil procedure — Execution proceedings — Order XXI r.62 CPC — Party against whom an execution order is made may institute suit to establish rights to disputed property.
* Res judicata and precedent — Prior appellate declaration of ownership does not automatically bar a fresh suit under Order XXI r.62 where the objector was not party to earlier proceedings.
* Jurisdiction — High Court entitled to hear substantive suit arising from execution objections; preliminary objection overruled.
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18 December 2018 |
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A tribunal’s suo motu ex‑parte order (not vacated) rendered subsequent proceedings and judgment null, requiring retrial.
Land procedure — validity of ex‑parte proceedings — tribunal ordering ex‑parte suo motu while parties present — procedural fairness — revision under s.43(1)(b) LDCA — nullity of proceedings and remit for rehearing.
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18 December 2018 |