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Citation
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Judgment date
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| December 2018 |
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Significant procedural defects (quorum omission, unsworn witnesses, improperly tendered exhibits) rendered lower tribunals' proceedings null.
Land disputes – Ward Tribunal procedure – mandatory indication of quorum and composition for each sitting – failure renders proceedings nullity. Evidence – tendering of exhibits – exhibits must be properly tendered while parties can comment; improperly tendered exhibits expunged. Evidence – witnesses must be sworn or affirmed in quasi‑judicial bodies. Jurisdiction – Ward Tribunal monetary/subject‑matter limits; matters exceeding jurisdiction must be litigated in proper forum. Appellate review – cumulative procedural defects may nullify trial proceedings and require fresh hearing.
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17 December 2018 |
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Partial annulment of sale where purchaser had notice of spouse’s equitable half‑share; assessors’ absence permitted under s23(3).
Land Disputes Courts Act — s.23(3) — chairman may conclude proceedings where assessors who began hearing cease to be available. Sale of unregistered land — equitable interests — purchaser takes subject to pre‑existing equitable rights if on notice. Law of Marriage Act — spousal consent and matrimonial home — effect on dispositions. Reliefs — partial nullification of sale and setting aside of damages where co‑ownership established.
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17 December 2018 |
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Ward Tribunal proceedings lacking quorum, unsworn witnesses and improperly admitted documents are nullity requiring retrial.
Land law – Ward Tribunal procedure – requirement to show quorum on each hearing date – failure renders proceedings nullity. Evidence – witnesses must be sworn or affirmed; documentary exhibits must be properly admitted. Civil procedure – irregularities in trial that occasion a failure of justice invalidate subsequent appellate reliance and require retrial de novo.
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17 December 2018 |
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The applicant’s land claim dismissed as time‑barred because the respondent had uninterrupted possession since 1979.
Land law – Possession and limitation; proof of occupation; Law of Limitation Act Cap.89 s.3(1) (12 years) – uninterrupted possession since 1979 bars later claim; appellate discretion to decide appeal on limitation ground.
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17 December 2018 |
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Whether non‑compliant closing submissions breach rule 19(1) and require striking out or a remedial order.
Commercial Procedure — Rule 19(1) — prescribed format and ten‑page limit for filings — applicability to "other legal documents" including written submissions. Civil Procedure — Definition of pleadings (Order VI r.1 CPC) — distinction between pleadings and submissions. Procedural compliance — consequence of non‑compliance — court’s discretion and overriding objective allow remedial measures short of striking out in appropriate cases. Relief — expungement of non‑compliant submissions and direction to refile compliant submissions; costs awarded to objecting party.
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17 December 2018 |
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A filed witness statement under the Commercial Division Rules is evidence-in-chief and cannot be supplemented after FPTC.
Commercial Division Procedure Rules 2012 – witness statements are evidence-in-chief; no supplementary witness statement after filing; Final Pre-Trial Conference — post-FPTC filing of documents requires leave; procedural compliance essential for fair, efficient disposal of commercial cases.
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14 December 2018 |
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The respondent remains liable for the unpaid overdraft; public auction sale presumed fair absent proof of undervaluation.
Banking law – overdraft facility – borrower’s liability for unpaid overdraft; Security and enforcement – third‑party legal mortgage; Sale of mortgaged property – public auction presumed best price absent proof of foul play; Land Act s.132 presumption and burden to prove contemporary market undervaluation; Interest – contractual penal rate for pre-judgment period and statutory rate for post-judgment period; Third‑party claims – failure of evidence to bind third parties to borrower’s obligations.
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14 December 2018 |
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Appellant failed to prove trespass beyond reasonable doubt; appellate court properly proceeded ex parte and appeal dismissed.
Criminal law – trespass and destruction of crops; evidentiary standard – conviction requires recorded, credible identification and proof beyond reasonable doubt; right to be heard – appellate courts may proceed ex parte where appellant absents without cause; proof of ownership – documentary evidence required to support land-based criminal allegations.
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14 December 2018 |
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Appellate petition by the DPP struck out as time-barred where only an uncertified judgment was attached; leave to refile subject to limitation.
Criminal Procedure Act – appeals by DPP – statutory time limits for lodging petitions – requirement of certified copy of judgment – uncertified judgment treated as issued on delivery date – appeal time-barred; preliminary objection; incompetent appeal struck out with leave to refile subject to limitation law. Advocates Act – endorsement requirements raised but not determined.
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14 December 2018 |
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Appeal allowed: tribunal misapplied Regulation 15(a), denied appellants right to be heard; matter quashed and remitted.
Land procedure — Dismissal for want of prosecution — Regulation 15(a) G.N. 174 of 2003 applies after three months of non-attendance — Misapplication where matter is at mention — Right to be heard (audi alteram partem) violated — Misleading prayer by counsel — Quash and remit for rehearing.
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14 December 2018 |
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Appellate reliance on respondent’s new document not adduced at trial rendered its judgment null; Ward Tribunal decision restored.
Land disputes – Appeals – Admissibility of additional evidence on appeal – CPC Order XXXIX rules 27–29 applicable where Land Disputes Courts Act is silent. Appellate reliance on documentary evidence not adduced at trial – impermissible and renders judgment a nullity. Additional evidence admissible only where wrongly rejected at trial or required for proper decision; reasons must be recorded. Assessors’ opinions advisory and not binding on presiding officer.
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14 December 2018 |
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Suo motu ex parte tribunal order without proper summons or service breached the right to be heard; proceedings quashed and remitted.
Land law – procedure – power of attorney – registrar/format defects – ex parte proceedings – service and summons – right to be heard – tribunal bias – revision under s.43(1)(b) Land Disputes Courts Act – remittal for inter partes determination.
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14 December 2018 |
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Applicant failed to show good cause or account for each day of delay; extension of time dismissed.
Labour law – extension of time – Rule 56(1) GN No.106/2007; requirement to show good cause and account for each day of delay; insufficiency of general assertions and lack of documentary proof (death certificate or letters of administration); technicality-based precedents inapplicable where delay unexplained.
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14 December 2018 |
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Leave to appeal refused where the applicant's plaint was properly struck out for failing to disclose a cause of action.
Appellate jurisdiction – leave to appeal discretionary; leave granted only for arguable appeal, novel point of law, or matter of general importance; ex parte hearing does not guarantee favorable decision; pleading requirements – plaint must disclose cause of action; striking out for failure to disclose cause of action not cured by successive appeals.
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14 December 2018 |
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A subsequent ward land suit was held res judicata by a prior ward tribunal's final decision; appeal dismissed.
Civil procedure – res judicata – application of section 9 of the Civil Procedure Code – prior ward tribunal decision precludes relitigation of same land dispute.* Land law – jurisdiction of ward tribunal – finality of ward tribunal determination on property ownership.* Appeals – dismissal for want of prosecution – dismissal is not fraud; appellant should have pursued available appellate remedies.* Probate proceedings – distinct from and not dispositive of antecedent ward tribunal land determinations.
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14 December 2018 |
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Repeated defective filings and failure to account for delay justified dismissal of the application for extension of time.
Labour law – extension of time – discretionary relief – applicant must demonstrate good and sufficient reasons and account for delay; repeated defective filings and lack of explanation justify refusal of extension. Civil procedure – duty to account for each day of delay; court will not condone inattention or dilatory conduct.
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14 December 2018 |
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Application to extend time to file WSD made after the 21‑day proviso is time‑barred; appeal dismissed.
Civil Procedure – Order VIII Rule 1(1) & (2) CPC – Proviso – Extension of time to file written statement of defence limited to 21 days after expiry; application filed beyond that period is time-barred; negligence of previous counsel not a sufficient ground for extension.
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14 December 2018 |
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High Court dismissed appeal as time-barred under s.25(1)(b) Magistrates' Court Act; no extension sought.
Civil appeal — time limitation — appeal from District Court (originating in Primary Court) must be filed within 30 days under s.25(1)(b) Magistrates' Court Act; High Court may extend time but no extension sought; ERV/receipt insufficient to prove timely filing when memorandum unsigned or not on file; appeal dismissed as time-barred.
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14 December 2018 |
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The respondent’s prolonged uninterrupted possession gave rise to adverse possession; the applicant’s claim was dismissed.
Land law – Adverse possession – Continuous and uninterrupted occupation for 12+ years gives proprietary rights; Village Council minutes and sketch plan as evidence of long possession; proper evaluation of evidence by Tribunal; allegations of record omissions and altered judgment not substantiated.
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14 December 2018 |
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Extension denied where delays stemmed from counsel’s negligence and no sufficient reasons or impugned judgment were shown.
Civil procedure – Extension of time – s.25(1)(b) Magistrates Courts Act & s.21(2) Law of Limitation – requirement of sufficient cause related to failure to act. Procedural delay – technical delays caused by counsel’s lack of diligence – negligence not sufficient cause. Prospects of success – necessity to place impugned judgment before court to assess merits.
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14 December 2018 |
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14 December 2018 |
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Accidental shooting amid provocation and intoxication reduced a murder charge to manslaughter.
Criminal law – manslaughter; accidental discharge of weapon; provocation and intoxication as negating malice aforethought; reliance on sole eyewitness evidence and need for corroboration; Evidence Act s.143; Penal Code ss.195, 198.
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14 December 2018 |
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An unopposed shareholder petition under Companies Act s.281 resulted in winding up and appointment of a liquidator from the proposed list.
Companies Act s.281 – winding up by petition; shareholder petition supported by majority shareholder; unopposed petition – no provisional liquidator required; appointment of liquidator from petitioner’s proposed list; liquidator’s remuneration payable from sale proceeds; service on Registrar of Companies.
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14 December 2018 |
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Extension and leave to appeal denied for unexplained 41‑day delay and failure to serve a necessary party.
Extension of time – delay must be explained for each day – 41-day unexplained delay fatal; Procedure – service of notice of appeal on all parties mandatory under Rule 84(1) Court of Appeal Rules 2009; Failure to serve necessary party renders intended appeal incompetent; Application for leave and extension dismissed; Costs — each party to bear own costs (legal aid factor).
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13 December 2018 |
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13 December 2018 |
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Non-parties (or unproven representatives) cannot invoke section 38(1) CPC to challenge receivership appointed under a debenture.
- Civil Procedure Code s.38(1) – applicability limited to parties/representatives and disputes about execution, discharge or satisfaction of a decree; - Company law – separate legal personality precludes directors automatically representing the company in execution disputes; - Security enforcement – appointment of receivers under a debenture is independent of court execution; - Procedure – challenge to receivership should be by suit, not by s.38(1) application.
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13 December 2018 |
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Appeal allowed: proceedings were premature for lack of conciliatory-board certificate and tainted by denial of legal representation and unlawful search.
Family law – Divorce jurisdiction – Requirement of Marriage Conciliatory Board certificate (Form 3) under s.101 Law of Marriage Act – Petition premature without certificate. Procedural fairness – Right to legal representation and to be heard – failure to respond to requests for counsel and transfer vitiates proceedings. Evidence and procedure – Unlawful search/seizure by trial magistrate, admission of court-obtained documents as exhibits is irregular and may be expunged. Civil contempt/remand – Need to frame charge, read it and afford accused opportunity to answer. Judicial conduct – Magistrate must not assume investigatory or prosecutorial role; locus quo inspections exceptional.
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13 December 2018 |
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Failure to produce a witness for cross-examination without evidential proof justified striking out evidence and dismissing the suit.
Commercial Division procedure – evidence-in-chief by witness statement – duty to produce witness for cross-examination (Rule 56(1)). Failure to attend – striking out witness statement where no exceptional reasons shown (Rule 56(2)). Submissions at the bar are not evidence; proper proof of attempted service requires returned summons and affidavit (Order XVI r.8 / Order V r.16 CPA). Extension of time – discretionary and requires sufficient cause (Mumello v Bank of Tanzania). Dismissal for lack of evidence and costs under Order XVIII r.3 CPA.
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13 December 2018 |
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Convictions quashed where prosecution failed to prove arson, sexual offence and identification beyond reasonable doubt.
Criminal law – sufficiency of evidence; identification of accused where many assailants alleged; variance between charge sheet and testimony (rape v. grave sexual abuse); admissibility and probative value of PF3s and medical evidence; failure to prove conspiracy/arson; requirement to prove guilt beyond reasonable doubt.
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12 December 2018 |
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A non-narrative trial record in breach of s210 renders proceedings unintelligible and warrants nullification and retrial.
Criminal procedure – Recording of evidence – Section 210(1)(a),(b) C.P.A. – Evidence must be recorded in narrative form in the language of the Court – Recording in bullet/point form and reported speech renders proceedings unintelligible – Proceedings and judgment nullified – Retrial ordered.
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12 December 2018 |
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An equivocal plea and failure to record the applicant's statements rendered the conviction unsafe; conviction quashed and sentence set aside.
Criminal procedure – Plea of guilty – Equivocal plea ('True') – Requirement to record accused’s statements under section 228(2) CPA – Defective preliminary hearing – Conviction must specify the offence – Mental capacity of accused when pleading – Remedy: quash conviction and set aside sentence.
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12 December 2018 |
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12 December 2018 |
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A tribunal has jurisdiction over mortgage enforcement matters when the mortgagee pursues possession or sale under the 2008 Act.
Mortgage law – Mortgage Financing (Special Provisions) Act 2008 – Sections 130, 132, 139 and 140. Jurisdiction – District Land and Housing Tribunal – jurisdiction over mortgage enforcement where mortgagee seeks possession, sale or appoints receiver. Procedural law – preliminary objection – jurisdictional determination should not preclude hearing merits where statutory remedies invoke tribunal competence. Extension of time to pay loan – such a prayer does not per se oust tribunal jurisdiction.
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11 December 2018 |
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An interlocutory order for payment of an admitted rent sum is not appealable; premature appeal dismissed and matter remitted.
Land law – jurisdiction of District Land and Housing Tribunal – distinction between contractual rent disputes and land matters. Civil procedure – interlocutory orders – appealability – section 74(2) Civil Procedure Code. Abuse of process – premature appeal raising issues unconnected to interlocutory order. Admission of debt and enforcement by tribunal order.
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11 December 2018 |
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Applicant granted leave to defend summary service-levy suit after affidavit disclosed triable issues on branch status, levy liability, and amount.
Summary procedure – Order XXXV, Rule 3(1)(b) CPC – leave to appear and defend – requirement that affidavit disclose triable issues; Local Government Finance/municipal by‑laws – service levy liability – branch versus depot status; assessment and authenticity of documents; council’s use of available information where taxpayer fails to file returns.
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11 December 2018 |
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Appeal dismissed; revocation of administrator’s letters upheld due to failure to discharge duties, lack of trustworthiness, and remote residence.
Probate law – letters of administration – revocation for failure to discharge duties (failure to file inventory, unauthorised renovations, rent collection). Probate law – qualification for appointment – neutrality, trustworthiness and local residence of administrator. Succession – widow’s eligibility to be appointed administratrix where she is the only surviving spouse.
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11 December 2018 |
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Appellant may validly seek withdrawal of an appeal in written submissions and re-file subject to limitation and extension of time.
Civil procedure — Appeal withdrawal — Validity of withdrawing an appeal in written submissions — Order for written submissions part of hearing — High Court powers under section 76(2) CPC — Analogy to Order XXIII withdrawal of suits — Law of Limitation Act (extension under s.14(1)) — s.3(1) LLA inapplicable where withdrawal permitted.
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11 December 2018 |
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Failure to record ward-tribunal members at each sitting renders proceedings and subsequent decisions null, ordering a retrial de novo.
Land law – Ward Tribunal procedure – requirement to record members/quorum for each sitting – omission is fatal to jurisdiction and renders proceedings null. Civil procedure – appellate timeliness – exchequer receipt as prima facie evidence of filing date. Consequence – decisions founded on nullity of lower tribunal are void; retrial de novo ordered. Costs – each party to bear own costs where error attributable to tribunal.
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10 December 2018 |
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The applicant breached the lease by non-payment; the respondent lawfully repossessed equipment and recovered arrears.
Contract law – lease takeover and validity of contractual assignment; breach for non-payment of rentals; contractual right to repossession; assessment of arrears and contractual/ court interest; treatment of typographical errors in pleadings where documents are consistent.
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10 December 2018 |
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Where a land tribunal has finally determined and executed ownership, re-entry by others may constitute criminal trespass.
Criminal law – Criminal trespass – requirement that there be no dispute over ownership or lawful possession before conviction. Land law – Final civil determination and execution of land tribunal judgment – effect in subsequent criminal trespass proceedings. Evidence – admission of land tribunal judgment (PE4) and court broker's testimony as proof of execution and lawful possession. Sentencing – conditional discharge for first offenders pending non-repetition within twelve months. Authority cited – Sylivester Nkangaa v Raphael Alberto (1992) TLR 110 (principle that criminal court is not proper forum where ownership remains undetermined).
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10 December 2018 |
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Appellant failed to discharge burden of proof; tribunal's locus visit and witness evidence support respondent's ownership; appeal dismissed.
Land law – ownership disputes – purchaser's right of occupancy and long undisturbed occupation as evidence of ownership. Evidence – burden of proof in civil cases – sections 110 and 111, Law of Evidence Act; balance of probabilities. Procedure – visit to locus in quo admissible as part of evidence assessment. Civil procedure – written submissions are not a vehicle for introducing new evidential annexures; such annexures may be expunged. Appellate review – under s.45 Land Disputes Courts Act, appellate interference requires errors that occasion a failure of justice.
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10 December 2018 |
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Decree holder permitted to arrest and detain judgment debtors for non‑payment; monthly subsistence deposit required.
Execution of decree – arrest and detention as lawful mode under Section 42 Civil Procedure Act; Order XXI Rules 28, 38, 39 – factors for detention (ability to pay, neglect, bad faith); attachment of third‑party property requires proper legal basis; subsistence allowance and insolvency remedy noted.
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7 December 2018 |
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Court dismissed the applicant's claim, finding documentary spousal consent and a valid mortgage by the purchaser to the bank.
Spousal consent to disposition of matrimonial home — documentary proof and attestation; transfer of registered title and subsequent mortgage by purchaser — validity; burden to particularize fraud/collusion; effect of written documents under Evidence Act and Law of Marriage Act provisions.
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7 December 2018 |
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Appeal dismissed: adverse possession and 12-year limitation supported respondent’s title; assessors’ views non-binding; jurisdictional objection raised late.
Land law – possession and limitation – adverse possession doctrine and 12-year limitation; Ward tribunal composition and signing of judgments; assessors' opinions non-binding; pecuniary jurisdiction must be challenged with valuation evidence and not raised belatedly.
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7 December 2018 |
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An interlocutory ruling dismissing preliminary objections that does not finally decide the case is not appealable; appeal dismissed with costs.
Civil procedure – interlocutory rulings – preliminary objections – appealability – Regulation 22 GN No.174/2003; s.5(2)(d) AJA – interlocutory orders not appealable unless they finally determine the suit.
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7 December 2018 |
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Petition challenging an arbitral award struck out for non-compliance with Rule 8’s mandatory certification requirement.
Arbitration — Procedure — Rule 8, GN No. 427/1957 — Mandatory requirement to annex certified award and submission to petition — Failure to comply renders petition incompetent — Petition struck out with costs.
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7 December 2018 |
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Appellant’s rebuilding after Tribunal demolition disobeyed a lawful order and interfered with administration of justice; appeal dismissed.
Criminal law – Disobedience of lawful court order – Section 124 Penal Code – Lawfulness of court order unless set aside by superior court; rebuilding after demolition as interference with administration of justice. Civil procedure – Effect of pending civil appeal on enforcement of lower court execution order – absence of superior court stay. Evidence – Correspondence cannot substitute for formal court orders to negate criminal liability.
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7 December 2018 |
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Procedural failings in documentary admission and issue framing rendered the judgment unsafe, warranting quashing and retrial.
Civil procedure — admissibility of documentary evidence — Order XIII Rule 4(1) endorsement requirements; documents not properly admitted are not part of the record. Civil procedure — framing of issues — Order XIV Rule 1 duty of court to frame issues identifying material propositions in controversy. Procedural irregularities — omnibus exhibits and failure to frame central issue — may render judgment unsafe and justify retrial.
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7 December 2018 |
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Court granted extension to appeal due to procedural irregularities and denial of opportunity to be heard, allowing filing within 21 days.
Extension of time – Courts (Land Disputes Settlements) Act s.38(1) and Law of Limitation Act s.14 – exercise of judicial discretion; factors: length of delay, reasons, prospects of success. Procedural irregularities – District Land and Housing Tribunal proceeding with execution despite being informed of appellant’s death; denial of opportunity to be heard. Civil procedure – ex parte hearing permissible where respondent duly summoned fails to appear.
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7 December 2018 |
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High Court quashed defective first‑appeal judgment and dismissed compensation claim for lack of proof and loss.
• Civil procedure — Judgment requirements — Order XX Rule 4 and section 3 CPC — reasons and points for determination mandatory.
• Appellate/revision powers — High Court may invoke section 44 Magistrates' Court Act to revise defective first‑appeal judgments and re-evaluate trial evidence.
• Evidence/land disputes — burden on claimant to prove title and loss; caveat emptor in lease transactions.
• Criminal fines — payment of a fine for trespass does not equate to civil compensation absent an order for restitution.
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7 December 2018 |