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466 judgments found.
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December 2020
Non-party applicants lack standing to apply to set aside an ex parte decree under Order IX r.13(1).
Civil procedure
— Pleadings — objection as to improper/incorrect defendant name involves factual inquiry — Order XX r.7 Civil Procedure Code
— Setting aside ex parte judgment — Proper remedy is application to the court which passed the decree under Order 9 r.13 — Order IX r.13(1) Civil Procedure Code
30 December 2020
Applicant failed to prove irreparable loss or justify delay; stay of execution dismissed with costs.
Civil procedure — Stay of execution — requirements of substantial loss and security — Adequacy of affidavit evidence
29 December 2020
Court records mediated payment plan as an enforceable consent order to recover outstanding statutory social security contributions.
Civil procedure — Consent settlement recorded — Recording and adoption of deed of settlement as consent ruling
Labour law — Employment/contributions law — Employer’s statutory duty to remit employees’ pension contributions
29 December 2020
Reported
Failure to visit locus in quo amid conflicting evidence warranted setting aside the tribunal’s judgment and remitting the matter.
Civil procedure
— Procedural fairness
— Res judicata — prior Ward Tribunal decision did not bind parties at the District Land and Housing Tribunal where parties differed
Land law — Locus in quo — where witnesses’ evidence conflicts on size, boundaries or neighbours, a court should consider visiting locus in quo to resolve factual disputes
23 December 2020
Failure to obtain and record assessors' written opinions nullified the appellate Tribunal's judgment; fresh hearing ordered.
Land disputes — Role of Assessors — mandatory requirement
23 December 2020
Priority of allocation and stronger evidence upheld respondent's title; appellant failed to prove earlier grant or lawful representation.
Land law — title disputes — priority of earlier grant — Effect of double allocation and revocation, Land Disputes Courts Act s45 (curable irregularities)
22 December 2020
Review dismissed where applicants raised issues amounting to an appeal, not new evidence or an error apparent on the record.
Civil procedure — Review — Review is not a substitute for appeal — Disguised appeal not permissible
22 December 2020
Section 96 correction of clerical errors in a land-case ruling granted where mistakes were accidental and non‑prejudicial.
Civil procedure — Correction of judgments
— Clerical mistakes and accidental slips
— prejudice test and distinction from review/appeal
22 December 2020
Lender’s breach frustrated loan; court relieved the plaintiff of debt and granted injunction against further demands.
Contract law — frustration and breach by lender (delay, failure to honour tax allocation) — mortgage and sale of secured property — validity of public auction and borrower’s authorisation — remedies: declaratory relief, injunction, costs
21 December 2020
Bank’s delayed disbursement and refusal to share import taxes frustrated the loan; auction valid and plaintiff relieved from debt.
Banking law — Banking practice
— factual resolution may nevertheless relieve debtor
— off‑balance write‑off does not automatically discharge customer liability
Banking law — Banking/secured transactions — loan facility secured by mortgage and debenture — delay in disbursement and refusal to meet agreed tax-sharing — frustration/impossibility of contract
Civil procedure — Remedies
— costs to successful party
— declaratory relief and permanent injunction
— dismissal of counterclaim
Land law — Mortgages/foreclosure — sale by public auction
21 December 2020
Whether the claim was time‑barred and whether the plaintiff had locus standi after admitting sale of parts of the disputed land.
Land law
— Limitation period — determination of when cause of action arose — point of law versus dispute of fact
— locus standi — claimants who have admitted sale of portions of disputed land may lack standing to claim whole parcel
— Procedural law — preliminary objections appropriate only for pure points of law
21 December 2020
Suing the municipal director instead of the municipal council is fatal; the application was struck out with costs.
Land law — Local government (urban authorities) act s.14(1) — corporate personality of municipal council
Land law — Proper party to sue
— misjoinder/impleading Municipal Director instead of council
— statutory requirement
Land law — remedial consequence — striking out
18 December 2020
Applicants failed to account for over 30 days' delay; Notice of Appeal need not include the judgment copy.
Civil procedure
— Delay in supply of judgment copies — not a sufficient excuse if applicant does not apply promptly after receipt
— Extension of time to appeal — Applicant’s failure to account for each day of delay
— Notice of appeal — no requirement to attach copy of judgment or decree — Court of Appeal Rules 83(1) and (5)
18 December 2020
Applicant failed to account for a three‑year delay; extension to file review was refused and application dismissed.
Civil procedure — extension of time
— application to file review
— Inordinate unexplained delay warrants dismissal
— New evidence discovered post-judgment relates to merits and does not automatically justify extension
— Test in Lyamuya applied: account for delay, not inordinate, show diligence, or other sufficient reason
18 December 2020
Non-joinder of occupiers and subsequent purchasers rendered prior tribunal decisions void; matter must be retried with all interested parties.
Land law
— Appellate review — limits on entertaining new issues not raised at trial
— Jurisdiction — competence of tribunal given value and consequences
— Land sale — partial payment and alleged breach
— Relief — setting aside judgments for procedural deficiency
16 December 2020
Affidavit containing prayers and legal arguments breached Order XIX r.2 CPC; offending paragraphs expunged and application struck out.
Administrative law — Authorities
— Matovu principle on affidavit content
— Mondorosi Village Council (incurability of certain affidavit defects)
Civil procedure
— Affidavits — Contents
— Preliminary objections — Incurable defects — Expungement of offending paragraphs and striking out application where remaining affidavit is insufficient
Evidence — affidavits — Inclusion of matters of law or fundamental rights in affidavit is impermissible
16 December 2020
Long, undisturbed possession and credible witnesses uphold a sale agreement not void for technical uncertainty.
Land law
— admissibility — party-stamped sale agreement and evidential weight
— burden of proof — balance of probabilities and Hemed Said principle
— Capacity to contract — minority not raised at trial
— certainty of contract — long undisturbed possession can cure apparent vagueness
— Evidence — assessment of credibility and weight of witnesses
— Joining parties — when seller need not be joined if purchaser in long possession
16 December 2020
Court corrected clerical errors in a land judgment (names, party designation, case year) under ss 95–96 CPC.
Civil procedure — Correction of judgments — Clerical or arithmetical mistakes: scope of ss 106 — Power under Civil Procedure Code ss 95 — 96
16 December 2020
Interim injunction application struck out as overtaken by events; omission to specify sub‑rule not fatal.
Civil procedure
— Execution of decree — demolition of structures — remedy by fresh application
— interlocutory injunction
— Overtaken by events — inability to grant relief not reflected in chamber summons
15 December 2020
Appellate tribunal irregularly admitted a lease; without it respondent’s evidence outweighed appellant’s, appeal dismissed.
Civil procedure — appellate review of factual findings — Permitted only where trial court misdirected or material lacuna exists
Land law
— Appeal — admissibility of additional evidence at District Land and Housing Tribunal — Conditions under Order XXXIX r.27 CPC and s.34(1)(b) Land Disputes Courts Act
— proof of ownership — payment of property tax receipts insufficient alone to establish proprietary title without title deed or statutory documents — Land rent receipts do not prove ownership
15 December 2020
Failure to involve and record assessors' opinions renders a tribunal's judgment null and warranting retrial.
Land law — Land disputes courts act s.23(1)-(2) — mandatory involvement and recording of assessors’ opinions — omission is fatal and vitiates tribunal proceedings
Land law — s.43
— High Court power to nullify and remit for retrial
— procedural irregularity in composition of tribunal
15 December 2020
Plaintiffs proved title and trespass; court ordered vacant possession, permanent injunction, damages and costs.
Land law
— Ex parte proceedings — sufficiency of documentary and witness evidence
— proof of ownership — village allocation and sale agreements as evidence of title
— Remedies — declaration of title, vacant possession, permanent injunction, general damages and costs
— trespass — wrongful occupation, sand quarrying and cutting trees
14 December 2020
Allegations of forgery in land disputes require specific particulars and a higher civil standard; plaintiff awarded demolition damages.
Civil procedure — Pleadings — particulars of fraud — Burden on party alleging forgery
Damages — special (particularised) and general damages — Specific pleading and proof required
Land law — ownership dispute — proof of title — Particulars and heightened standard of proof for fraud in civil proceedings (Order VI r 4 Civil Procedure Code)
14 December 2020
A stay of execution was granted to allow correction and issuance of the Chief Government Valuer's valuation report to prevent injustice.
Civil procedure — Stay of execution — Application under Order XLIII r.2 & Order XXI r.24(1) CPC — Valuation errors and correction by Chief Government Valuer — Ex parte hearing where decree holders did not object
14 December 2020
A person who is not an appointed administrator/executor and fails to plead a legal interest lacks locus standi to sue over deceased's property.
Civil procedure — Locus standi — capacity to sue in respect of property of a deceased — Pleadings must disclose legal interest — Probate and Administration of Estates Act
14 December 2020
Adverse possession requires cumulative proof; an heir asserting a proprietary right cannot acquire title by adverse possession.
Land law — adverse possession — Requirement that statutory period is only one among multiple cumulative factors to prove adverse possession
14 December 2020
A trespass claim filed 17 years after the appellant’s uninterrupted occupation was time‑barred; tribunal's decision nullified.
Civil procedure — Jurisdictional defect — jurisdiction can be raised at any stage and renders proceedings null and void ab initio — Proceedings in a court lacking jurisdiction are nullities and liable to be set aside
Land law
— Limitation — Whether claim for recovery of land was time‑barred — Law of Limitation Act (Item 22 Part I)
— possession and title — evidence required to establish long possession
14 December 2020
Mortgage of matrimonial property without the spouse’s verified consent is null; mortgagee must take reasonable verification steps.
Civil procedure — Relief — declaration of mortgage nullity and permanent injunction against sale or eviction
Commercial law — Bank practice — reliance on spouse-consent document without adequate verification is insufficient
Evidence — identity by variant names — balance of probabilities and res gestae principle
Land law — mortgage of matrimonial property — spouse consent required
14 December 2020
Land claim alleging forgery was struck out due to inconsistent identity evidence and failure to establish impersonation.
Civil procedure — Joinder of parties — Non‑joinder not automatically fatal — Failure to join alleged impersonator undermining relief sought
Evidence — Proof of identity — Inconsistent documentary and oral evidence fatal to claim
Land law — title disputes — burden to prove forgery and to call relevant witnesses — Requirement to establish identity and evidential consistency
14 December 2020
Tribunal wrongly struck out a review filed by memorandum and relied on a suo motu point without hearing parties.
Civil procedure
— court raising issues suo motu — duty to give parties opportunity to address new issues
— review applications — Proper mode of instituting review: memorandum of review versus chamber summons supported by affidavit and memorandum — No requirement to cite enabling statutory provisions
Land law — Civil procedure in land tribunals — Land Disputes Courts Act s 51(1)(a)
14 December 2020
Application failing to disclose a clear cause of action must be rejected; tribunal's decision quashed and set aside.
Land law — Land — Pleadings — Certainty of cause of action
14 December 2020
Land court lacks jurisdiction over a pure succession dispute; matter to be determined in probate proceedings.
Civil procedure — jurisdiction — land disputes over deceased’s property are properly initiated in probate/administration forum, not land tribunals, where representative status is not established — Probate and Administration Court
Succession law — administration of estate — Effect of nullified grant and subsequent appointment of administrators on validity of transfers
11 December 2020
A landlord’s claim for unpaid rent, utilities and repairs succeeded where evidence and constructive admission justified ex parte judgment.
Land law — landlord’s claim for unpaid rent and utilities — proof by documentary evidence and constructive admission — ex parte judgment — award of interest and costs
11 December 2020
Plaintiff failed to prove title by deed/allocation; claim dismissed for lack of proof.
Civil procedure — adjournment — discretion to refuse adjournment where party’s unavailability is indefinite — Joinder and amendment (Order VI r.17)
Land law — proof of ownership — deed of gift (Makabidhi) versus entrustment/license — Sufficiency of evidence to establish transfer of ownership
11 December 2020
Sale of a matrimonial property without spousal consent is void ab initio; innocent purchaser entitled to refund and damages.
Family law
— intention and use for family matters. Requirement of spousal consent — disposition of matrimonial home without consenting spouse void ab initio
— Law of marriage act (s.58) — ownership of pre‑marriage property not changed by marriage absent agreement
— Matrimonial property — Definition and scope — property acquired or used for family benefit qualifies as matrimonial property
11 December 2020
Statutory five-year abandonment required for village land reallocation; wrongful grant without such proof is null and original owner restored.
Civil procedure — Validity of village land grants — limits on authority to grant and effect of unlawful grant
Land law
— bona fide purchaser
— Village Land Act s.45 — abandonment of village land — five-year requirement before reallocation
11 December 2020
Inordinate delay in seeking leave to appeal; alleged illegality in names/measurements did not justify extension of time.
Civil procedure
— extension of time — application under section 41(2) Land Disputes Courts Act
— Inordinate delay — unexplained period defeats application for enlargement of time
11 December 2020
An omnibus application combining extension of time and leave to appeal is incompetent and must be struck out.
Civil procedure — extension of time — procedural prerequisite to leave to appeal
Civil procedure — Omnibus application — Whether multiple distinct prayers can be joined in one chamber summons
Civil procedure — Overriding objective
— limits where defect goes to root
— Validity of objections raised in affidavits
11 December 2020
Unstamped sale, doubtful payment and missing spouse consent defeat purchaser’s claim; administrator’s certified title and resale upheld.
Civil procedure — Probate/administration — appointment of administrator and obtaining certified copy of title — power to dispose
Criminal law — Civil fraud allegations — higher standard of proof required in civil proceedings
Land law
— matrimonial property — spouse consent required for disposition during marriage
— title disputes — priority of properly registered certified title and bona fide purchase with search results
— Validity of sale
11 December 2020
Where boundaries, size and location of disputed land are uncertain, a tribunal must visit locus in quo before deciding.
Civil procedure — Evaluation of evidence — appellate interference justified where trial court misdirects or fails to disentangle evidence
Evidence — evaluation of documentary and oral evidence — Contradictions in testimony may require site verification before deciding ownership
Land law — locus in quo/site visit — Necessity of site inspection where boundaries, size and location of disputed land are in dispute
11 December 2020
Appellant waived hearing, but missing assessor opinion rendered tribunal proceedings null and remitted for rehearing.
Civil procedure — Assessors’ opinions — Assessors' opinions not recorded — Regulations s 19(3)
Land law — Trial procedure — right to be heard — Waiver of right by refusal to present defence
11 December 2020
Whether an unproven claim of marital status nullifies a mortgage absent evidence and reasonable bank due diligence.
Banking law — due diligence — bank’s reliance on guarantor’s affidavit not negligent without contrary proof
Evidence — Proof of marriage — Role of marriage certificate and long cohabitation in determining marital status
Land law — Mortgage — Spousal consent and matrimonial home — Reliance on mortgagor’s statutory affidavit of marital status
11 December 2020
Failure to file court-directed written submissions equals non-appearance and warrants dismissal of the appeal for want of prosecution.
Civil procedure — deemed non-appearance — dismissal of appeal for want of prosecution — costs awarded
11 December 2020
Interlocutory eviction application dismissed as untenable where respondent is in possession; prior dismissal for want of prosecution not res judicata.
Civil procedure
— Overtaken by events — Appropriateness of interlocutory relief where respondent is in possession
— Res judicata — dismissal for want of prosecution does not amount to determination on merits
Land law — interlocutory injunction — protection of possession pending determination of ownership dispute — Whether eviction can be granted where respondent is already in possession of suit land
11 December 2020
Extension of time to file review refused where 57‑day delay was unexplained and alleged illegality had been previously considered.
Civil procedure — extension of time
— Illegality argument cannot be re‑urged where previously considered
— Sickness of counsel and temporary absence of co‑counsel do not automatically constitute sufficient cause for unexplained, inordinate delay
11 December 2020
Plaintiffs proved customary ownership and are entitled to possession and costs despite conflicting survey results.
Land law — ownership and possession — competing sale agreements and surveys — Evidence Act s.101
11 December 2020
Imprisonment and late receipt of judgment did not justify unexplained six‑month delay; extension denied, application dismissed with costs.
Civil procedure — extension of time — discretion to grant — imprisonment and late receipt of judgment not automatically excusing lengthy delay — unpleaded settlement negotiations not admissible
11 December 2020
Mortgage and sale of matrimonial property without spouse's consent are void; lender must inquire under Land and Marriage Acts.
Land law — matrimonial property
— Land
— lender’s duty to inquire under s161 Land Act and s59 Law of Marriage Act
— mortgage and sale without consent void ab initio
— mortgage over property acquired/ improved during marriage requires spousal consent
11 December 2020
Awaiting judgment copies did not justify the applicant's unexplained 53‑day delay; extension of time denied.
Civil procedure — Extension of time to appeal — Whether delay caused by tribunal's late supply of certified judgment/decree constitutes sufficient cause — Appellate Jurisdiction Act s 11
11 December 2020
Suit struck out for failure to effect service of summons after a court order, under Order VIII Rule 21(d) CPC.
Civil procedure — Service of process
11 December 2020