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Citation
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Judgment date
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| July 2018 |
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Court granted temporary injunction pending trial after finding triable issue, irreparable harm, and balance of convenience favor applicant.
Civil procedure — Order XXXVII — Temporary injunction — requirements: triable issue, irreparable injury, balance of convenience — interlocutory relief in land disputes — prohibition on prejudging merits.
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13 July 2018 |
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Failure to aver or file the statutory 90‑day notice under section 6(2) renders a suit against the Government incompetent.
Government Proceedings Act, Cap. 5 R.E.2002 – section 6(2) – requirement to issue 90 days' notice before suing the Government. Procedural compliance – pleadings and annexures must demonstrate statutory pre‑conditions; court not obliged to search other files. Service of notice – notice addressed to government agency official does not substitute service on the Attorney General where statute requires notification
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13 July 2018 |
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Applicant lacked locus standi to seek interim relief over deceased’s estate property without letters of administration.
Civil procedure – Interim injunction – Atilio v Mbowe test (prima facie triable issue, irreparable loss, balance of convenience). Locus standi – Letters of administration/appointment as administratrix required to sue concerning deceased’s estate. Property/land law – Sale by auction of mortgaged premises and challenges to sale where claimant lacks legal authority
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13 July 2018 |
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An extension application to appeal is incompetent without prior leave of the High Court (Land Division).
Appellate procedure – Leave to appeal required from High Court (Land Division) under s.47(1) Land Disputes Courts Act before appealing to the Court of Appeal; an extension application without prior leave is incompetent. Civil practice – Competence of applications for extension of time to appeal. Evidence/affidavit formalities – Jurat/signature defects may render affidavits defective (not decided where preliminary point is dispositive)
Authority – Enock M. Chacha v Manager, NBC Tarime applied
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13 July 2018 |
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Whether a purchaser who paid a deposit retains title after the vendor resells; court upheld purchaser's ownership.
Land law – Sale of land – purchaser who paid deposit – validity of subsequent resale by vendor without refunding deposit – purchaser’s entitlement to ownership. Civil procedure – preliminary objection – locus standi – effect of misnaming in sale agreement and whether it defeats a purchaser’s claim
Remedies – transfer of title, payment of interest for delayed payment, and right of subsequent purchaser to claim against original vendor
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13 July 2018 |
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High Court lacks jurisdiction over land sale arising from execution of a tax tribunal decision; appeal lies to Tax Revenue Appeals Board.
Tax law – enforcement of tax tribunal orders – warrant of distress and sale of land; jurisdiction of High Court (Land Division) vis-à-vis Tax Revenue Appeals Board; procedure for challenging execution of tax decisions; preliminary objection on locus standi not determined.
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13 July 2018 |
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Appellate tribunal must call parties if raising locus standi suo motu and nullify proceedings when suit is incompetent.
Civil procedure – capacity/locus standi – Suit by person claiming on behalf of deceased’s estate – Requirement to demonstrate legal authority to sue.* Appellate practice – tribunal raising point of law suo motu – duty to call parties to address the issue before judgment.* Effect of incompetence – when suit is incompetent for lack of locus standi the correct remedy is nullification of proceedings and orders.
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13 July 2018 |
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An applicant's reasonable reliance on counsel's negligence can amount to sufficient cause to set aside a dismissal for want of prosecution.
Civil procedure – Restoration of dismissed suit – discretionary remedy – requirement of 'sufficient cause' – liberal construction to advance substantial justice. Reliance on counsel – advocate negligence or lack of diligence can, in appropriate circumstances, amount to sufficient cause for restoration. Land law – dismissal for want of prosecution – setting aside dismissal and restoration of suit
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13 July 2018 |
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Ward tribunals in municipalities may hear land disputes; pecuniary limit depends on property value; appellant failed to prove an oral contract.
Ward tribunal jurisdiction in municipalities; pecuniary jurisdiction determined by value of subject matter not claimed compensation; burden of proof for oral contracts; appellate deference to factual findings of lower tribunals.
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13 July 2018 |
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Failure to attach the impugned decision to a leave-to-appeal application renders it incompetent and is fatal.
Court of Appeal Rules 2009 – Rule 49(3) and Rule 45(a) – mandatory requirement to attach copy of decision/order to application for leave to appeal; competence of leave application; Law of Limitation Act s.19(2) – exclusion of time for obtaining judgment copies; preliminary objection upheld; application struck out with costs.
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10 July 2018 |
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Appellate court upheld tribunal finding that the appellant failed to prove payment and that the contested document was forged.
Land law – sale/purchase agreement – alleged non-payment of balance; Civil evidence – forgery/fraud allegations require higher standard of proof; Appellate review – reluctance to disturb trial tribunal’s credibility and factual findings; Remedies – payment with interest or reversion of property to estate administrator.
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6 July 2018 |
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Appeal dismissed: tribunal correctly found disputed land was open space and no trespass, no mandatory locus inspection.
Land law — Trespass — Determination whether disputed parcel is open space under local authority control; requirement for locus in quo inspection; burden to prove ownership or easement; appellate review of Tribunal's evaluation of evidence.
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6 July 2018 |
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Applicant failed to prove sufficient cause for extension of time to appeal; application dismissed with costs.
Extension of time – Law of Limitation s.14 – applicant must account for each day of delay and show diligence – unsupported assertions of court delay do not excuse failure to produce evidence of follow-up – discretion to extend time exercised judicially.
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6 July 2018 |
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Applicants failed to show sufficient reasons to set aside ex parte judgment; counsel error and parallel suit were insufficient.
Civil procedure – application to set aside ex parte judgment (Order IX r.13 CPC) – sufficiency of reasons; service/non‑summons; existence of parallel suit and triable issues; advocate negligence/withdrawal of instructions; mandatory time limits for filing defence (Order VIII r.14 CPC).
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6 July 2018 |
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High Court lacks jurisdiction where plaint fails to state value of subject matter; matter remitted to District Land and Housing Tribunal.
Land law – jurisdiction – pecuniary jurisdiction determined by value of subject matter not by claimed damages – failure to state value of subject matter in plaint (Order 7 Rule 1(i) Civil Procedure Code) – matter to proceed before District Land and Housing Tribunal.
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6 July 2018 |
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Representative application not complying with Order 1 Rule 8 and filed after the 60‑day limit is incompetent.
Civil procedure — Representative proceedings — Order 1 Rule 8 CPC — mandatory compliance; Limitation — leave to file notice of appeal out of time — 60‑day principle applies where no specific period provided; Failure to comply renders application incompetent and liable to be struck out.
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6 July 2018 |
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Ward Tribunal properly constituted; respondent's earlier purchase gave valid title; later sales could not pass good title.
Land law – Ward Tribunal composition and quorum – compliance with statutory membership limits and minimum female membership; Sale of land – proof of purchase from original owner; nemo dat quod non habet – subsequent seller without title cannot pass good title; Right of appeal – requirement to explain and exercise of appeal rights; Appellate review – credibility and documentary evidence assessed by trial tribunal.
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6 July 2018 |
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An MOU did not divest the applicant of title; the applicant retains ownership and the respondent’s transfer is nullified.
Land law – ownership dispute over registered title; MOU insufficient to effect transfer of title; transfer declared null and void; counterclaim dismissed for lack of proof; family properties to be divided by probate or company dissolution; procedural defects in MOU (advocate witness/drafting issues).
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6 July 2018 |
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Extension refused where applicant failed to account for delay and alleged illegality was raised only as an afterthought.
Land law – extension of time to appeal under s.38(1) Land Disputes Courts Act; requirement to account for delay; Lyamuya guidelines and Mbogo factors. Copies of judgment/decree – section 38(2) does not require attaching copies; non‑supply not a sufficient excuse
Illegality – must be apparent on record and not raised for first time in extension application; afterthoughts will not justify extension
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3 July 2018 |
| June 2018 |
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Wrong citation of the specific statutory provision for extension of time renders the application to appeal incompetent and struck out.
Land law – Appeals – Extension of time to appeal – Proper enabling provision for appeals from District Land and Housing Tribunal to High Court – Section 38(1) Land Disputes Courts Act versus Section 14(1) Law of Limitation Act. Civil procedure – Competency of application – Wrong citation/non‑citation of statutory provision renders application incompetent and liable to be struck out
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29 June 2018 |
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Applicant’s s.96 CPC application to correct typographical omissions (case number, missing respondents, omitted counterclaim) granted.
Civil procedure — Amendment of judgment — Section 96 CPC — Correction of errors apparent on the face of the record. Typographical/clerical errors — Wrong case citation and omission of parties/third parties. Decree amendment — Inclusion of omitted counterclaim (although dismissed). Unopposed applications — effect where errors are manifest
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29 June 2018 |
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A title obtained via fraudulent transfer by a non-administrator is void; municipal revocation of such title is lawful.
Land law – Ownership dispute – Whether a purported transfer of a deceased’s property by an unauthorized person can pass title – fraud vitiating transfer. Administrative revocation – Lawfulness of municipal revocation of title after fraud discovered
Evidence – Application of s.123 Evidence Act (estoppel) and standard of proof for allegations of fraud. Transfers of right of occupancy – requirement of authority's consent; void agreements without consent
Probate/administration – limits on transfer by non-administrator
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29 June 2018 |
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An application arising from execution must be brought under section 38(1) CPC; wrong citation led to striking out.
Execution proceedings – Questions arising from execution, discharge or satisfaction of decree – Section 38(1) CPC governs such disputes – Wrong citation of law – Section 95 (inherent powers) inapplicable where specific provision exists – Interlocutory relief cannot displace execution regime.
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26 June 2018 |
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Applicant failed to satisfy Atilio v Mbowe criteria; injunction against bank enforcing mortgage dismissed with costs.
Interlocutory injunctions; mortgage/security enforcement; Atilio v Mbowe criteria (prima facie case, irreparable harm, balance of convenience); courts will not shelter defaulting borrowers; contractual rights of lenders to enforce security.
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25 June 2018 |
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Disputed house forms part of the deceased's estate; concubinage and defective affidavit render applicant's ownership claim invalid.
Land law – ownership dispute over house allegedly built with deceased – whether property forms part of deceased's estate
Succession/probate – administrator's role to deal with estate; court should not itself distribute estate assets. Family law – relevance of legality of marriage/concubinage to estate claims
Wills – testamentary affidavit invalid where not witnessed by two witnesses as required by law (GN 436/1963, Sch.3, para.19)
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22 June 2018 |
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An application to restore a struck-out suit failed because the advocate's alleged illness lacked corroborating medical evidence.
Civil procedure – restoration of struck-out suit – Section 95 CPC – need to show sufficient cause; medical evidence required to prove advocate's illness; uncorroborated assertions and afterthoughts insufficient.
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22 June 2018 |
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Applicant failed to prove ownership; respondent established title and recovered rent arrears, damages and interest.
Land law – proof of ownership and burden of proof; Land registration and title – Certificate of Title and sale agreement as conclusive evidence; Lease law – tenant liability for rent arrears; Forged document – allegation of fraud requires strict proof; Change of land use – conversion of farm number to plot number.
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22 June 2018 |
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An application founded on wrongly cited statutory provisions is incompetent and is struck out with costs.
Civil procedure – jurisdiction and competence – wrong citation of enabling provisions renders an application incompetent; Order XXI Rule 20 concerns execution notices, not contempt/disobedience orders; Section 95 (inherent powers) is exceptional and cannot cure fundamental jurisdictional defects.
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22 June 2018 |
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High Court upholds tribunal ownership finding; appellants failed to prove excess value, long possession, or forgery.
Land law – jurisdiction – pecuniary jurisdiction of District Land and Housing Tribunal; valuation burden on party alleging excess value
Evidence – documentary title (Right of Occupancy/Certificate) outweighs undocumented oral possession
Possession – claim of long uninterrupted occupation/adverse possession must be proved
Procedure – Tribunal must stick to pleaded issues; Regulation 20(1) relates to judgment contents
Exhibits – allegations of forgery/alteration require proof and may be dealt with as separate criminal matters
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22 June 2018 |
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An applicant relying on a court clerk’s misinformation must produce a supplementary affidavit from that third party or the application fails.
Civil procedure – Setting aside dismissal for non-appearance – sufficiency of reasons – focus on explanation for absence rather than merit of case
Evidence – Third-party assertions – requirement for supplementary affidavit where affidavit deposes to information from another person. Procedural fairness – allegations of court clerk misinformation require direct evidence, not hearsay
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22 June 2018 |
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Court dismissed review, finding no error apparent on record and applicant failed to prove annexures justified reopening the decision.
Review — Section 78 and Order XLII r.1(b) CPC — review permissible for new evidence or error apparent on face of record; competence of appeal; right to be heard; inadmissibility of re-opening own decision.
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22 June 2018 |
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Stay of execution should be sought in the appellate court; concurrent appeal and revision applications amount to abuse of process.
Civil Procedure – Stay of execution – Order XXI Rule 24(1) – Proper forum for stay where appeal lies to Court of Appeal
Civil Procedure – Abuse of process – Concurrent appeal and revision applications – effect on entitlement to interim relief
Execution – Appointment of court broker and proclamation of sale – timing of stay application
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22 June 2018 |
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Applicant's wrong statutory citation rendered extension application incompetent and it was struck out with costs.
Land appeals — extension of time — proper statutory provision post‑2016 is Section 41(2) Cap. 216; wrong citation fatal — application not moved; affidavit jurat must show date; verification must support averments; withdrawal not permitted after respondent raises preliminary objections.
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22 June 2018 |
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A purchaser from a person without title cannot acquire ownership; earlier village-approved sale and possession prevail.
Land law – sale and transfer – sale by non-owner (nemo dat) – purchaser from a person without title cannot acquire better title
Evidence – burden of proof in claiming ownership – party alleging right must prove relevant facts. Possession and village-approved sale documents – evidential weight in land ownership disputes
Procedural – assessment and weighing of evidence by trial tribunal reviewed and upheld
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22 June 2018 |
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Extension of time denied where applicant failed to prove sufficient cause, including inadequate proof of illness and unexplained delay.
Civil procedure – Extension of time – application under Limitation Act – requirement to show sufficient cause; proof of illness; accounting for delay; reliance on advocate’s conduct needing corroborating affidavit.
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22 June 2018 |
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Whether the applicant's consent was required and whether the mortgage was validly created with spouse consent.
Land law – spouse's consent for alienation of matrimonial home; burden of proof on spouse alleging lack of consent; Land Act and Mortgage Financing (Special Provisions) Act 2008 – duties of mortgagor and mortgagee to disclose and verify spousal status; validity of mortgage where another spouse provided written consent.
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22 June 2018 |
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Land claim dismissed as time-barred and for lack of locus standi; res judicata not established.
Law of Limitation – recovery of land from deceased: cause of action accrues on date of death (s.9(1), s.35 Law of Limitation Act); Limitation period 12 years. Locus standi – plaintiff must show status as legal personal representative; letters of administration and affidavit required. Res judicata – requires same parties and subject matter (s.9 Civil Procedure Code); prior tribunal decision held not binding where parties/subject differ
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21 June 2018 |
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A decree-holder must pursue execution under the tribunal’s Order XXI procedures; filing a fresh suit for enforcement is incompetent.
Land law – execution of tribunal decree – proper forum and procedure for enforcing possession decrees under Order XXI Rule 95 CPC. Civil procedure – preliminary objection – pure point of law vs. factual controversy (Mukisa Biscuit principle)
Execution – resistance to delivery of immovable property – applicability to non-parties resisting possession
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19 June 2018 |
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Belated amendment of inconsistent Chamber Summons denied; application struck out for vagueness and delay.
Civil procedure – amendment of pleadings – belated amendment sought at hearing; vagueness and internally contradictory prayers in Chamber Summons; counsel’s negligence not a sufficient reason; Limitation Act (Part III Item 21) sixty‑day rule – failure to seek leave to file/amend out of time.
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18 June 2018 |
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Fraudulent spousal consent to mortgage not proved; lower tribunal’s finding upheld and appeal dismissed with costs.
Land law — Mortgage of matrimonial property — Spousal consent under s.114(1)(a) Land Act — Allegation of fraud in civil proceedings — Higher standard of proof for fraud — Appellate deference to tribunal’s factual findings.
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18 June 2018 |
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Plaintiff proved lawful purchase and title; defendants ordered to vacate and hand over possession; claimed specific damages denied.
Land law – Sale agreement and transfer of title – proof of purchase and transfer as evidence of ownership. Contractual covenant – vendors’ obligation to remove tenant – effect on entitlement to possession
Evidence – burden of proof under section 110, Law of Evidence Act; specific damages must be specifically pleaded and strictly proved
Relief – declaration of ownership, order for vacant possession, costs; dismissal of unproved specific damages
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18 June 2018 |
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Plaintiff's prior lawful acquisition created a subsisting right; later title to another is void, trespass and injunction granted.
Land law – valid acquisition by sale – evidence of sale agreement, offer letter and receipts; Effect of creation/acceptance of right of occupancy – subsequent grant null if prior right subsists; Certificate of Title issued contrary to prior subsisting right – nullity; Trespass and injunction; Burden of proof on balance of probabilities.
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18 June 2018 |
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Appeal against Tribunal’s dismissal of preliminary objection was premature and incompetent under section 74(2) CPC.
Civil procedure – Appealability – Interlocutory order – Whether dismissal of a preliminary objection by a tribunal is a final order – Application of Bozson test and section 74(2) Civil Procedure Code (Cap.33 R.E.2002).
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18 June 2018 |
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Extension of time refused where applicant and counsel were negligent and failed to demonstrate sufficient cause or diligence.
Civil procedure – Limitation – Application for extension of time under section 14(1) Law of Limitation Act – requirement of sufficient cause and diligence. Procedural duty – Applicant and counsel’s duty to follow up judgment delivery – negligence may defeat extension applications. Case law – principles on sufficient cause and accounting for delay (Bushiri; Yusuph Same; Benedict Mumello)
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8 June 2018 |
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Court granted six‑month interim injunction preventing respondents’ construction and alienation pending trial due to prima facie case and risk of irreparable harm.
Interim injunction — prima facie case; irreparable injury; balance of convenience; interlocutory relief without prejudging ownership; preservation of suit property.
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8 June 2018 |
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Failure to give sufficient reasons for delay — High Court dismisses extension application; Rule 49(3) not applicable in High Court.
Procedural law – extension of time under section 11(1) AJA – requirement to show sufficient reasons to exercise discretion; Evidence of delay – court’s failure to supply judgment/decree not a prerequisite for High Court extension applications; Court of Appeal Rules, 2009 – Rule 49(3) applicability limited to applications filed in the Court of Appeal; Procedural irregularities – substantive complaints do not constitute reasons for delay.
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8 June 2018 |
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Applicant failed to prove ownership or a binding PPP contract; fourth respondent holds title and suit is dismissed with costs.
Land law; ownership – proof by title (Right of Occupancy); burden and standard of proof in civil claims; contract formation – requirement of offer and acceptance for PPP agreements; specific performance claim dismissed for lack of binding agreement; eviction and title disputes.
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8 June 2018 |
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An appeal filed beyond the statutory 45‑day period is time barred; delay in obtaining certified copies does not excuse late filing without leave.
Land law – Appeals – Time limit for appeal from District Land and Housing Tribunal – Section 41(2) Land Disputes Courts Act (as amended) – 45 days from date of decision – Delay in obtaining certified copies not a substitute for applying for leave to file out of time.
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8 June 2018 |
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Leave to appeal requires a point of law; complaints about factual evaluation do not justify leave, application dismissed with costs.
Land law; leave to appeal to Court of Appeal under s.47(1) Land Disputes Courts Act; requirement of a point of law; distinction between questions of law and challenges to findings of fact/evidence; dismissal for failure to meet threshold.
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8 June 2018 |
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Court granted extension to file amended plaint, finding sufficient cause and no procedural abuse, each party to bear own costs.
Civil procedure – Extension of time (s.93 Civil Procedure Code) – applicants must account for each day of delay – discretion exercised judicially – sufficient cause includes dispute over beneficiaries’ rights and absence of procedural abuse – right to be heard emphasized; delay due to obtaining valuation report.
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8 June 2018 |