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Citation
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Judgment date
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| February 2022 |
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28 February 2022 |
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28 February 2022 |
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28 February 2022 |
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28 February 2022 |
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28 February 2022 |
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The appellant’s village land allocation was void for failure to comply with required application, assembly approval and district consent.
Land law – village land allocation – requirement for written application, village assembly approval (s.8(5) Village Land Act) and District Council consent (Reg.76) – non‑compliance renders allocation void; Civil procedure – annexures to pleadings are not exhibits and cannot be relied on as evidence; Non‑joinder of necessary party – misjoinder/non‑joinder not fatal (Order 1 r.9 CPC).
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28 February 2022 |
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28 February 2022 |
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High Court set aside referral to DLHT, holding matrimonial property disputes must be decided by the matrimonial court.
High Court supervisory powers — suo motu revision of subordinate courts; limitation inapplicable to court-initiated revision; Matrimonial property — characterization and division are matrimonial court matters; DLHT lacks jurisdiction to determine matrimonial property when matter remitted to take additional evidence; functus officio and usurpation of superior court's directive.
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25 February 2022 |
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Administrator’s claim accrued on grant of letters; appellant found to be a bona fide purchaser and appeal allowed with costs.
Land law – recovery of land – limitation: administrator’s claim treated as if no interval between death and grant (s.35 Limitation Act); Assessors’ opinion – chairman may depart if reasons given; Letters of administration – validity challenge lies before issuing court, not DLHT; Bona fide purchaser – protection where purchaser made reasonable inquiries, was supplied with letters of administration, paid value, occupied and improved property.
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25 February 2022 |
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Appellant failed to prove ownership; assessors’ written opinions were properly availed and appeal dismissed with costs.
Land law – ownership versus permission to use; burden of proof in civil cases; assessors’ written opinions must be in record and read to parties; weight of oral evidence and requirement for documentary proof in land disputes.
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25 February 2022 |
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24 February 2022 |
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24 February 2022 |
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24 February 2022 |
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24 February 2022 |
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24 February 2022 |
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24 February 2022 |
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22 February 2022 |
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22 February 2022 |
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21 February 2022 |
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21 February 2022 |
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An arbitration clause does not bar courts from granting repossession under the Financial Leasing Act for undisputed lease default.
Financial Leasing Act (CAP 417) – s.13(4)(b) – lessor’s right to repossession on undisputed default; arbitration clause does not oust court jurisdiction for statutory repossession remedies. Civil procedure – statutory special procedure vs interlocutory application – repossession application under Financial Leasing Act is a self-standing statutory remedy. Contract law – arbitration clauses apply to disputed matters (damages, unpaid balances), not to enforcement of agreed remedial options on undisputed default.
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21 February 2022 |
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21 February 2022 |
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18 February 2022 |
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Applicant failed to prove good cause to set aside dismissal for want of prosecution; application dismissed, no costs.
Civil procedure – setting aside dismissal for want of prosecution – requirement to show good cause; non‑service and illness claims must be credible and supported by evidence; duty of litigant/advocate to prosecute diligently; restoration may be refused where conduct amounts to parking litigation and would prejudice respondent.
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18 February 2022 |
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Where taxation disallows more than one-sixth of a bill, the bill must be disallowed under Order 48 unless reasons justify otherwise.
Advocate Remuneration Order, 2015 – Order 48 – where more than one-sixth of a bill is disallowed the party presenting the bill is not entitled to costs; proviso allows taxing officer to disregard instruction fees when computing one-sixth; taxing officer must state reasons if not applying Order 48 consequences.
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18 February 2022 |
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16 February 2022 |
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15 February 2022 |
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Extension granted where tribunal lacked jurisdiction due to failure to serve summons and denial of right to be heard.
Land law – execution of decree – eviction – revision of execution order – service of summons and jurisdiction over a respondent. Civil procedure – extension of time under Law of Limitation Act s.14(1) – requirement to show good cause (length of delay, reasons, prejudice). Right to be heard (audi alteram partem) – effect of failure to issue/serve summons – consequences on validity of Tribunal’s orders.
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15 February 2022 |
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15 February 2022 |
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14 February 2022 |
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11 February 2022 |
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11 February 2022 |
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Tribunal dismissed application without hearing appellant's explanation; decision violated right to be heard and was set aside for rehearing.
Land — procedural fairness — dismissal for non-compliance with tribunal order — requirement to afford party opportunity to be heard. Administrative law — principles of natural justice — right to a fair hearing under Article 13(6)(a) — breach renders decision a nullity. Remedy — setting aside impugned decision and remitting matter for rehearing before different chairman and assessors.
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11 February 2022 |
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Complaint challenging retrenchment was time-barred; limitation runs from employer's final decision to terminate.
Labour law — limitation period for unfair termination disputes — Rule 10(1) GN No.64/2007 — retrenchment agreement as contract — commencement of limitation: date of employer's final decision to terminate.
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11 February 2022 |
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10 February 2022 |
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9 February 2022 |
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8 February 2022 |
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7 February 2022 |
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7 February 2022 |
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7 February 2022 |
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3 February 2022 |