|
Citation
|
Judgment date
|
| December 2013 |
|
|
Second appeal limited to points of law; applicant failed to prove family land; appeal dismissed with costs.
Land law – validity of sale and possession – written sale agreements witnessed by village leaders – proof required to establish family or clan land – acquiescence and delay – scope of second appeal limited to misdirection/non-direction on evidence.
|
6 December 2013 |
| November 2013 |
|
|
Time to appeal excludes period reasonably spent obtaining a copy of the judgment; preliminary objection dismissed with costs.
Land law – appeals from Ward Tribunal – computation of the 60‑day limitation under section 38 Land Disputes Courts Act. Limitation – application of Law of Limitation Act s.19(2) – exclusion of period requisite for obtaining a copy of judgment or decree when computing time for appeal. Procedural law – necessity of a copy of judgment to frame grounds of appeal; equity and diligence in procuring copies.
|
29 November 2013 |
| October 2013 |
|
|
Purchaser who bought government land acquires enforceable possession rights despite incomplete formal transfer; respondent must vacate and pay mesne profits.
Land law – sale of public land – purchaser’s rights against third parties despite incomplete formal transfer; non-joinder of vendor not fatal; res judicata and appealability of DLHT orders; mesne profits and recovery of vacant possession.
|
15 October 2013 |
| September 2013 |
|
|
An improperly constituted ward tribunal (fewer than statutory minimum members) renders proceedings void; appeal dismissed.
Ward Tribunals – composition – statutory minimum membership – less than four members renders proceedings void for want of jurisdiction. District Land and Housing Tribunal – power to nullify and set aside ward tribunal proceedings where tribunal improperly constituted. Locus standi – legal representative must produce documentary proof of appointment (probate). Evidence/procedure – failure of tribunal to put questions to witnesses does not automatically vitiate proceedings.
|
9 September 2013 |
|
An affidavit omitting the place of attestation is defective, rendering the supported application incompetent and struck out.
Affidavit — Jurat — Place of attestation — Non‑disclosure renders affidavit defective and application incompetent. Oath/Affirmation — Use of both terms — clerical/typographical error not necessarily fatal. Civil procedure — Application for extension of time — requirement for competent supporting affidavit.
|
2 September 2013 |
| August 2013 |
|
|
A vague decree failing to identify immovable property invalidates execution and requires reissuance and re-execution.
Civil Procedure — Order XX, Rule 9 — Decree must sufficiently describe immovable property to enable proper identification; vague decree renders execution void. Execution in excess of decree — nullity. Revision v. appeal — where execution affects a different parcel, revision is appropriate. Joinder — non-parties to original suit improperly joined in revision.
|
20 August 2013 |
|
Respondent proved ownership on the balance of probabilities; credibility findings and late non‑joinder claim did not succeed.
Land law – ownership dispute – proof on balance of probabilities – credibility of witnesses – appellate deference to credibility findings; procedural objection of non‑joinder raised first on appeal not fatal to respondent’s title.
|
12 August 2013 |
| July 2013 |
|
|
An appeal from a Ward Tribunal filed after sixty days is time-barred under G.N.311/1964; appeal struck out with costs.
Limitation of actions – appeals from Ward Tribunal – applicability of Magistrates’ Courts (Limitation) Rules (G.N. 311 of 1964) under s.52(1) Cap.216; no exclusion for time to obtain records (contrast s.19 Cap.89); appeal filed after 60 days is time-barred; deference to trial tribunal’s credibility findings on land purchase.
|
11 July 2013 |
|
Prolonged occupation as a licensee does not vest title; the appellant only owns the purchased 20-acre parcel.
Land law – Licence to occupy – Whether prolonged occupation by a licensee vests title – Held: it does not absent adverse dealing with owner’s interest. Property – Sale of portion – purchaser entitled only to the parcel bought. Civil procedure – Appeal against tribunal findings – appellate court upheld factual and legal conclusions of lower tribunals.
|
10 July 2013 |
|
Appeal dismissed: court upheld validity of signed loan and sale documents and confirmed land allocation to the respondent.
Land law – loan secured by land – whether loan agreement and subsequent sale and transfer validly divested prior title. Evidence – alleged forgery of title and transaction documents; sufficiency of signed instruments and corroborative land office report. Civil procedure – duty to summon witnesses lies with party relying on them; tribunal not obliged to call them. Titles – revocation and reallocation by land office as corroborative administrative evidence.
|
4 July 2013 |
| June 2013 |
|
|
Non‑compliance with section 38(2) procedure (petition filed in District Land and Housing Tribunal) renders land appeal incompetent.
Land law – Appeals – Mandatory procedure under section 38(2) Land Disputes Courts Act (Cap. 216) – Appeal to High Court (Land Division) must be by petition and filed in the District Land and Housing Tribunal – Non‑compliance renders appeal incompetent and liable to be struck out. Costs – court may decline costs where appellant is a layperson.
|
27 June 2013 |
|
A time‑barred appeal must be dismissed under section 3 of the Limitation Act, not merely struck out to enable a later leave application.
Limitation law – Law of Limitation Act, Cap 89 R.E. 2002, s.3 – proceedings instituted after prescribed period must be dismissed. Civil procedure – preliminary objection – remedy for time‑barred appeal: dismissal vs striking out to allow leave. Appeals – competence and time limits for appeals from District Land and Housing Tribunal.
|
26 June 2013 |
| April 2013 |
|
|
Reported
Appeal allowed: improperly constituted Ward Tribunal judgment and subsequent appellate decision were null and are quashed.
Ward Tribunal — Composition and constitution — Requirement of 4–8 members with three women (s.11 Land Disputes Courts Act) — Failure to meet composition requirements renders proceedings and judgment null; appellate decision based on such proceedings also null.
|
11 April 2013 |
| March 2013 |
|
|
High Court lacks jurisdiction to grant stay of execution once a Notice of Appeal to the Court of Appeal is filed.
Civil procedure — Stay of execution — Jurisdiction after filing Notice of Appeal — High Court vs Court of Appeal — Order XXXIX Rule 5(1) CPC; Section 95 CPC (inherent jurisdiction) — Court of Appeal Rules 2009, Rule 11(2)(b).
|
27 March 2013 |
|
Interlocutory application struck out for lack of suit against the authority, failure to give s.190 notice and defective affidavit.
Land/Procedural law – interlocutory application – competence of application where no suit pending against a respondent; statutory notice to local government (s.190 Cap 287 R.E.2002); defective supporting affidavit; misjoinder/non-joinder objections.
|
11 March 2013 |
| February 2013 |
|
|
Reported
Appeal struck out as incompetent because the extracted decree lacked the judgment date required by Order XX Rule 7.
Civil procedure — Order XX Rule 7 — Decree must bear date of judgment — noncompliance renders appeal incompetent and liable to be struck out; Court may raise competency suo motu — no costs ordered when defect so raised.
|
25 February 2013 |
|
Tribunal improperly struck out a land suit as res sub judice and pre-determined merits; matter remitted for rehearing.
Land procedure – res sub judice – tribunal ought to stay proceedings pending higher court determination, not strike out; affidavit verification – deponent's statement of personal knowledge sufficient; tribunal pre-determination of merits – abuse of process; revisional jurisdiction vs appeal.
|
13 February 2013 |
|
High Court quashed ex parte judgment where tribunal proceeded despite a pending application, exercising revisional powers under s43(1).
Land law — Revision under s.43(1) Land Disputes Courts Act — Ex parte judgment — Tribunal proceeding while application to set aside ex parte order pending — procedural irregularity vitiating proceedings — remittance for continuation of defence hearing.
|
11 February 2013 |