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Citation
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Judgment date
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| September 2019 |
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An unregistered growers’ group lacked legal capacity to be sued; proceedings against it were nullified.
Land law – legal capacity to sue – unregistered group lacks legal personality – execution against third party – incompetent proceedings – nullification of proceedings.
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13 September 2019 |
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A tribunal’s failure to obtain individual, written, signed assessors’ opinions and to read them to parties vitiates its judgment.
Land disputes – District Land and Housing Tribunal – Assessors’ opinions – statutory requirement for each assessor to give a separate written and signed opinion before judgment – Regulation 19(2) and s.23(2) LDCA. Assessors’ opinions must be read in presence of parties; failure to do so renders them of no useful purpose. Procedural irregularity vitiating proceedings – High Court’s revisionary power under s.43(1)(b) to nullify and order rehearing.
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13 September 2019 |
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Leave to appeal granted because arguable legal issues arising from tribunal proceedings merit appellate determination.
Land law — Leave to appeal — Court of Appeal — Whether arguable points of law exist — Functus officio on merits of delay — Procedural fairness at tribunals (opportunity to defend; judgment in absence; consideration of original documents) — Award without proof.
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12 September 2019 |
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Application for extension of time struck out where the Chamber Summons and affidavit were inconsistent and unclear.
Land procedure — extension of time to appeal — applicant must clearly identify the decision and appeal number sought to be challenged; Court will not determine an application where Chamber Summons, affidavit and annexures are inconsistent or uncertain; Court will not assume or correct errors in an applicant’s pleadings.
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12 September 2019 |
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An unsworn jurat means the document is not an affidavit; the supporting application was struck out with costs.
Civil procedure – Affidavit – Jurat requirements – Notaries Public and Commissioner for Oaths Act s.8 – Affidavit must show oath/affirmation by authorized officer – Unsigned/unsworn jurat invalidates affidavit – Application unsupported by valid affidavit incompetent and struck out.
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11 September 2019 |
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Court granted a limited injunction preserving tenants and status quo pending trial in a disputed mortgage-sale eviction.
Land — Temporary injunction — Attilio v Mbowe test — triable issue over ownership of mortgaged land — mortgagee sale/auction and transfer challenged — locus in quo/site visit used to establish factual state — preservation of status quo and protection of third-party tenants — balance of convenience — limited/partial injunction granted.
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9 September 2019 |
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Denial of the applicant's right to be heard vitiated the tribunal's proceedings; retrial ordered.
Land law – trial procedure – right to a fair hearing – audi alteram partem – opportunity to cross‑examine witnesses and to call witnesses. Procedural irregularity – inspection of locus in quo followed immediately by judgment without affording hearing – fatal and vitiates proceedings. Remedy – setting aside judgments and remitting for retrial de novo. Authority – Ndesamburo v AG (TLR 137) on right to be heard.
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6 September 2019 |
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Review granted for denial of hearing, but appeal dismissed as filed out of time under the Law of Limitation Act.
Civil procedure — Review — Court’s inherent jurisdiction to correct manifest error on the face of the record where a party was wrongly deprived of the opportunity to be heard. Procedure — Filing date of appeal — operative date is date of payment of court fees where payment postdates court stamp. Limitation — Appeal time-barred under section 41(2) of Land Disputes Courts Act; dismissal under section 3(1) of the Law of Limitation Act.
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6 September 2019 |
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Delay awaiting court copies of judgment can constitute good cause for an extension of time to appeal.
Extension of time; good and sufficient cause; awaiting copies of judgment as valid reason; negligence of counsel; illegality versus matters of evidence; court's discretion to extend time; order to file appeal within 30 days; no costs.
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6 September 2019 |
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Alleged illegality (suit filed after defendant's death) justified extension of time to apply to set aside the ex parte judgment.
Extension of time — requirement to account for delay; Illegality of impugned decision as independent sufficient reason for extension; Decree nullity where suit instituted after defendant's death; Court of Appeal authorities endorsing illegality as ground for extension.
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6 September 2019 |
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Extension of time to appeal dismissed for failure to demonstrate sufficient cause and justify inordinate delay.
Civil procedure – Extension of time – Application for leave to appeal – Requirement to show sufficient cause – Court to consider length of delay, reason for delay, prejudice and prospects of success; contradictions and lack of supporting evidence may defeat claim for extension.
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6 September 2019 |
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Applicant failed to show sufficient cause for extension of time to file a notice of appeal; application dismissed.
Civil procedure – Extension of time – Applicant must show sufficient cause – Evidence required to establish delay excusable. Procedural irregularity – Advocate’s failure to pay filing fees and omission to produce supporting affidavit undermines application. Notice of appeal – Can be signed/filed by advocate; this does not excuse lack of supporting evidence for delay.
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6 September 2019 |
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Court certified only the question whether an appellate tribunal may refuse to consider a ground of appeal as a point of law.
Land law – Certificate for appeal under section 57(2) Land Disputes Courts Act – Distinction between questions of fact and points of law – Inheritance/intestacy issues as factual – Appellate courts’ duty to consider grounds of appeal as a point of law.
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6 September 2019 |
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Review dismissed because applicants failed to show an error apparent on the face of the record or other review grounds.
Civil Procedure — Review under Order XLII Rule 1 — grounds limited to new evidence, error apparent on the face of the record or other sufficient reason; Review is not an appeal in disguise — mere errors of law or fact insufficient; Error apparent on the face requires a manifest, self‑evident mistake; Procedural — reassignment of review to another judge where original judge unavailable.
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6 September 2019 |
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Whether awaiting copies of the judgment constitutes sufficient cause to extend time to appeal under the Limitation Act.
Civil procedure — Extension of time to appeal — Whether awaiting copies of judgment and decree amounts to sufficient cause under Limitation Act — Relevance of request letter attached to affidavit — Section 41(2) Land Disputes Courts Act; Sections 14(1) and 19(2) Law of Limitation Act.
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6 September 2019 |
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Suit dismissed as res judicata because the disputed title and parties are traceable to earlier decided proceedings.
Civil procedure – res judicata – application where parties are in privity with parties to earlier suit; title dispute over land; effect of prior co‑ordinate court ruling (functus officio).
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6 September 2019 |
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Failure to conduct an ordered locus in quo visit in a land encroachment dispute vitiated the tribunal's judgment; appeal allowed.
Land law – encroachment and boundary disputes; locus in quo/site inspection – necessity where physical features or boundaries are contested; procedural irregularity – failure to conduct ordered site visit without reasons vitiates decision; remedy – quash and remit for inspection and fresh judgment; costs to successful appellants.
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5 September 2019 |
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A claimant over estate property must sue in administrator capacity; failure to do so vitiates proceedings and warrants quashing.
Civil procedure – Representative suits – Order VII Rule 4 CPC – plaint must show actual interest and steps taken to sue in representative capacity. Locus standi – administrator of deceased estate must sue in administrator capacity where suit concerns estate property. Land law – ownership disputes over deceased’s property – procedural competence of plaintiff to institute suit. Procedural irregularity – incompetence vitiating tribunal proceedings – quash and set aside.
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5 September 2019 |
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Applicant’s extension to apply for leave to appeal was rendered unnecessary by statute; application struck out.
Land law – Appeal procedure – Effect of amendments to section 47(1) of the Land Disputes Courts Act removing requirement for leave to appeal from High Court in original jurisdiction. Civil procedure – Extension of time – Application to extend time to apply for leave overtaken by legislative change. Procedural objections – Court may decline to decide objections where application is rendered purposeless by change in law.
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4 September 2019 |
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Extension granted; limitation period computed from date certified copy was ready, excluding time to obtain judgment.
Land appeals – Extension of time to file appeal – Application under section 41 Land Disputes Courts Act and section 14(1) Limitation Act. Limitation – Computation of time – Section 19(1) Limitation Act excludes period to obtain copies of judgments from computing limitation. Procedural – Written submissions; timelines for lodging appeal from District Land and Housing Tribunal.
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4 September 2019 |
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The court dismissed the applicant's request for extension of time to file submissions for appeal due to unexplained delay.
Land procedure – extension of time – failure to file ordered written submissions – counsel negligence alleged – requirement to show good cause – failure to notify court before mention date – failure akin to non-appearance – dismissal with costs.
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3 September 2019 |
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District tribunal validly quashed Ward Tribunal judgment for orders against non‑parties and defective tribunal composition.
Land procedure – Ward Tribunal orders enforced against non‑parties – breach of natural justice for failure to hear affected persons. Ward Tribunal composition and record – statutory membership and signatures required; non‑compliance vitiates proceedings. Revision powers – District Tribunal’s s.36 powers properly used to quash irregular Ward Tribunal judgment. Execution – execution proceedings against one’s self or fellow judgment debtors are improper.
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2 September 2019 |
| August 2019 |
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Preliminary objections overruled: plaintiff has locus standi and mortgagee/State are necessary parties; suit proceeds to trial.
Civil procedure — Preliminary objections — Whether questions of fact and evidential inquiry (cause of action) are suitable for preliminary disposal — Mukisa principle; Locus standi — Purchaser's equitable/factual interest sufficient to confer standing even where legal title is in another; Necessary parties — Mortgagee's withholding right may make bank and State necessary to effective decree.
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31 August 2019 |
| April 2019 |
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Prior Administrator General appointment prevails; later letters and sale by an unauthorized administrator are void.
Succession law – Administrator General appointment – validity of subsequent letters of administration – sale by unauthorized person – nemo dat quod non habet – illegality of contract – possession and costs
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30 April 2019 |