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Citation
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Judgment date
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| April 2022 |
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Court certified issues on jurisdiction: time-bar and wrong forum for determination by the Court of Appeal.
Land appeal — Third appeal certificate under s.47(3) LDC Act — Certification only for points of law — Time limitation and forum choice go to jurisdiction — s.5(2)(c) AJA; jurisdictional questions suitable for Court of Appeal determination.
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29 April 2022 |
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Applicants granted leave to appeal on arguable issues including locus, customary title, letter of offer and assessors' opinions.
Leave to appeal — whether arguable issues of law or fact exist warranting appellate consideration. Locus in quo — discretionary and not automatic; necessity depends on facts. Customary occupation and compensation — entitlement upon survey/planning declaration requires evidence appraisal. Certificate of right of occupancy — issue as to requirement of prior letter of offer. Double allocation — requires two competing titles; absent here on record. Assessors’ opinions — propriety and authenticity to be determined on appeal. Abridging/combining grounds of appeal — accepted practice where grounds are related.
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29 April 2022 |
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28 April 2022 |
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28 April 2022 |
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Application for revision struck out as time-barred; electronic filing delay and lay litigant status insufficient for condonation.
Employment law – Revision of CMA award – Time bar – Computation of six-week limitation period from date of service; Electronic filing rules – Judicature and Application of Laws (Electronic Filing) Rules 2018; Condonation – Network problems and litigant’s lay status insufficient absent proper application; Labour dispute – no order as to costs.
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27 April 2022 |
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27 April 2022 |
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Appeal allowed: judgment quashed for failure to adjudicate counterclaim and insufficient proof the fire triggered contractual insurance relief.
Civil procedure – counterclaim – requirement to file reply and duty of court to make orders on counterclaims (Order VIII r.9, r.11, r.12; Order XX r.6); Decree – defectiveness where counterclaim outcome omitted; Contract law – interpretation and effect of insurance/force majeure clause in loan agreement (clause 8.2.3) and burden of proof to establish conditions triggering insurer indemnity; Evidence – standard of proof on balance of probabilities and necessity of supporting reports for fire incidents; Procedure – proceeding in absence of a party and exercise of judicial discretion.
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27 April 2022 |
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27 April 2022 |
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Alleged misadvice by counsel, unsupported by the counsel’s affidavit, is hearsay and not sufficient cause to extend time.
Civil procedure – extension of time – sufficient cause – factors to consider (length of delay, reasons, diligence, prejudice, conduct, balance of interests). Evidence – affidavits – statements referring to another person’s conduct or advice require that person’s affidavit; otherwise they amount to hearsay. Professional advice – alleged misguidance by counsel is not a ground for extension absent evidential corroboration.
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27 April 2022 |
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25 April 2022 |
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21 April 2022 |
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21 April 2022 |
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21 April 2022 |
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21 April 2022 |
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Leave to appeal granted because alleged failure to read assessors’ opinions and limitation raise arguable jurisdictional issues.
Leave to appeal – whether proposed grounds raise arguable issues; assessors’ opinions – failure to read opinions to parties; limitation – alleged time-bar; jurisdictional issues; section 47(2) Land Disputes Courts Act.
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20 April 2022 |
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A prior final judgment upholding a property sale bars relitigation of ownership under res judicata.
Civil procedure – res judicata – section 9 CPC – matter directly and substantially in issue previously decided by competent court – bar to multiplicity of suits. Finality of litigation – prior High Court decision upholding auction sale and bona fide purchaser – no appeal taken. Abuse of process – joinder of Commissioner for Lands and Attorney General as technical device to evade res judicata. Preliminary objections – where one is determinative court need not decide remaining points.
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20 April 2022 |
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Land claim dismissed as res judicata after earlier final judgment upheld the legality of the auction sale.
Civil procedure – Res judicata under section 9 CPC – matter directly and substantially in issue in former suit; finality of litigation and abuse of court process; preliminary objections on pure point of law (Mukisa Biscuit).
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20 April 2022 |
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14 April 2022 |
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13 April 2022 |
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12 April 2022 |
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11 April 2022 |
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6 April 2022 |
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4 April 2022 |
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Court upholds sale by co‑administrators excluding the appellant as valid to protect heirs' interests.
Probate — administration of estate; validity of sale by subset of co‑administrators; inventory and distribution of estate proceeds; limits of appellate review — issues not raised below; presumption of correctness of court record; protection of heirs' interests.
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1 April 2022 |
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1 April 2022 |