|
Citation
|
Judgment date
|
| July 2012 |
|
|
Plaintiff with letter of offer, survey and receipts proved title; defendants failed to prove prior ownership or fraud.
Land law – Proof of ownership – Offer and acceptance of right of occupancy – Documentary evidence (sale agreement, survey, letter of offer, rent receipts) – Burden of proof (Evidence Act s.110) – Allegation of fraud must be strictly proved – Failure to tender prior sale documents defeats competing title claims.
|
24 July 2012 |
|
Application for extension of time to file notice of appeal dismissed for failure to show good and sufficient reasons.
Civil procedure — Extension of time — Application under Limitation Act and Civil Procedure Code — Requirement to show "good and sufficient" reasons — Failure to annex supporting medical evidence — Negligence in following up judgment — Ex parte judgment — Notice of appeal.
|
17 July 2012 |
|
Extension of time granted where applicant showed good cause due to delay obtaining signed/certified judgment.
Civil procedure – Extension of time – Requirement to show "good and sufficient" cause – Delay caused by difficulty obtaining properly signed/certified copies of judgment due to transfer of trial chair – Delay excused if not due to applicant's negligence.
|
17 July 2012 |
|
Reported
Defendants' late written statement of defence rejected for failure to seek leave; matter ordered to proceed ex parte.
Civil procedure – Written Statement of Defence – late filing – requirement to seek leave to file out of time (Order VIII r.14(i) CPC) – effect of failure to file formal objection – pleadings filed out of time are not admitted – matter ordered to proceed ex parte.
|
16 July 2012 |
|
Reported
Court granted interim injunction restraining demolition, invoking inherent powers and section 2 due to imminent irreparable harm.
Land law – interim injunction to restrain demolition by public authorities; inherent jurisdiction and section 2 Judicature Act; section 95 Civil Procedure Code – power to grant interlocutory relief before institution of main suit; statutory pre-action notice versus urgency and irreparable harm; competence objections (absence of plaint) for substantive determination.
|
11 July 2012 |
|
Extension granted where applicant promptly acted after discovering former counsel's misleading advice, establishing sufficient cause.
Limitation—extension of time under section 14; reasonable and sufficient cause; reliance on counsel's advice/mishandling; accounting for delay; triable issues and prospects of success; prejudice to respondent.
|
8 July 2012 |
|
Absence of coram and members' names rendered the Ward Tribunal's proceedings invalid; case remitted for retrial.
Civil procedure — Ward Tribunal proceedings — requirement to record coram and names of members — non-compliance vitiates proceedings Tribunal constitution — Land Disputes Courts Act s.14 — minimum three members and at least one woman Record-keeping — Ward Tribunal Act s.24(1) — proper record of proceedings mandatory Remedy — judgments of lower tribunals quashed and matter ordered retried de novo
|
5 July 2012 |
|
Reported
Sale invalid where alleged seller was deceased; land tribunal erred in relying on criminal acquittal to determine ownership.
Land law — Validity of sale where alleged seller is deceased — Reliance on criminal acquittal to determine civil ownership — Buyer beware (caveat emptor) — Reversion of title to estate and transfer by appointed administrator.
|
4 July 2012 |
| June 2012 |
|
|
Reported
Court quashed lower tribunal decisions where the respondent had sued a wrong party lacking legal capacity to be sued.
Land law – party capacity – locus standi – whether defendant represented deceased owner as administrator or heir. Civil procedure – wrongful party sued – nullity of proceedings and judgments – quashing and setting aside of tainted decisions. Limitation/possession issues considered but determination set aside due to improper defendant.
|
29 June 2012 |
|
An application to intervene and stay review proceedings at mention was premature; the review must be heard and determined first.
Civil Procedure – Intervention – Whether an intended intervener may be permitted at mention to intervene and obtain a stay of review proceedings – intervention at mention held premature. Civil Procedure – Stay of proceedings – exercise of inherent powers – insufficient reasons and improper timing to invoke inherent powers to stay review. Procedural law – commencement of proceedings – a review with a delivered ruling is a matter to be heard before any intervention to stay.
|
1 June 2012 |
| May 2012 |
|
|
Court granted an ex parte interim injunction restraining respondents from auctioning the applicant's property pending hearing.
Civil procedure – Interim injunction – ex parte relief – temporary restraint on sale of property pending inter‑partes hearing due to urgency and published auction notice; service and mention date ordered.
|
18 May 2012 |
| March 2012 |
|
|
Appeal dismissed; adverse possession and ownership upheld based on oral evidence and unpleaded-documentary complaints not entertained.
Land law – appellate review limited to issues raised below; proof of title/occupation — absence of written sale document does not preclude ownership finding; adverse possession — may be established by oral evidence; burden of proof of prior occupation on claimant.
|
29 March 2012 |
|
High Court set aside appellate tribunal’s award of ownership, finding the sale document defective and restoring the vendor’s family’s rights.
Land dispute — validity of alleged sale agreement — thumbprint signature and absence of street chairman’s signature/stamp — assessors’ opinion — ownership of residential plot and removal of water business/tank — appellate decision set aside.
|
23 March 2012 |
|
Reported
Representative suit without fresh leave and a defective affidavit (Order I r8; Order XIX r3) led to striking out with costs.
Civil procedure — Representative suits — Mandatory leave under Order I Rule 8 — Leave must relate to the particular suit; prior leave in different struck‑out suit not valid. Civil procedure — Affidavits — Order XIX Rule 3 limits affidavits to facts within deponent's personal knowledge; conclusions, legal arguments or prayers render affidavit defective. Remedy — Defective affidavit renders accompanying application incompetent and warrants striking out rather than selective deletion of paragraphs.
|
22 March 2012 |
|
An appeal was allowed and the District Tribunal’s proceedings quashed because the respondent lacked legal authority to prosecute the appeal.
Locus standi; representation in Land Disputes tribunals; Regulation 13(1) Land Disputes Court (District Land and Housing Tribunal) Regulations 2003; requirement for power of attorney or letters of administration; nullity of proceedings where appellant lacks legal authority.
|
21 March 2012 |
|
Application for leave to appeal dismissed as time-barred after earlier leave application was struck out; extension of time required.
Civil procedure – Appeals – Leave to appeal to Court of Appeal – Time limit under Rule 43(a) (14 days) – Effect of striking out an earlier leave application for being improperly filed – Whether Limitation Act s.21(2) excludes time while struck-out application pending – Requirement to apply for extension of time.
|
21 March 2012 |
|
Procedural mislabelling and jurisdictional defects at ward and district tribunals rendered land dispute proceedings null and void.
Land law – Jurisdiction of Ward Tribunals – Distinction between village council mediation (reference) and appeals – Irregular procedure and mislabelling of proceedings – Jurisdictional error and incurable procedural defects – Non-enforceability of village council determinations by courts.
|
21 March 2012 |
|
Once a notice of appeal is filed, the High Court lacks jurisdiction to grant a stay of execution; the Court of Appeal must be approached.
Jurisdiction – stay of execution – effect of notice of appeal – once a notice of appeal is filed the Court of Appeal is seized and the High Court ceases jurisdiction; Order XXI r.24 Civil Procedure Code inapplicable after appeal commenced; stay applications should be brought in the Court of Appeal unless directed otherwise.
|
6 March 2012 |
| February 2012 |
|
|
Reported
Dispute over removed stones was a criminal matter, not a land case; District Land and Housing Tribunal lacked jurisdiction.
Land jurisdiction – dispute over removal/appropriation of stones not a land dispute; Ward Tribunal exercising criminal jurisdiction — appeal lies to Primary Court; District Land and Housing Tribunal lacked jurisdiction; proceedings quashed.
|
29 February 2012 |
|
Proceedings based on missing or inconsistent Ward Tribunal records are nullified and the matter remitted for fresh trial or mediation.
Land tribunals – missing or inconsistent Ward Tribunal records – appellate jurisdiction requirements under s.38 Land Disputes Courts Act – incurable procedural irregularities – nullity of proceedings – remittal for retrial or mediation.
|
28 February 2012 |
|
Court-ordered sale became absolute; plaintiffs failed to prove ownership, eviction lawful, suit dismissed with costs.
Land law – execution of decree by attachment and sale – Order XXI (Rules 87–92, 90) – certificate of sale makes sale absolute – sale under court supervision valid; title deed as conclusive evidence (Section 100 Evidence Act) – eviction under court order lawful – claim barred where sale became absolute (Order XXI Rule 90(3)).
|
24 February 2012 |
|
Late counter‑affidavit valid where leave was sought in court; advocate who attested a party's affidavit disqualified from representing opponent.
Land procedure – preliminary objections: late counter‑affidavit – leave sought in open court and effectively granted; conflict of interest – advocate who attested a party's affidavit (as commissioner for oaths) disqualified from representing opposing party; party permitted to secure new counsel and amend pleading.
|
24 February 2012 |
|
Reported
A timber sale dispute with a pledged house is contractual, not a land matter, so the land tribunal lacked jurisdiction.
Jurisdiction – Land Disputes Courts Act – Whether an action founded on breach of a timber sale agreement with a pledged house is a land dispute. Contract v. land matter – Conditional sale clause does not necessarily create an equitable mortgage. Precedent – Distinguishing previous High Court authority where the claim involved possession of a mortgaged house. Forum – Contractual disputes belong to ordinary civil courts, not the District Land and Housing Tribunal.
|
15 February 2012 |
|
|
8 February 2012 |