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Citation
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Judgment date
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| October 2020 |
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Application to set aside dismissal granted where advocate’s sickness, evidenced by dispensary lab form, excused non-appearance.
Civil procedure – setting aside dismissal for non-appearance – sufficiency of medical evidence from dispensary to prove advocate’s sickness – preliminary objection striking off prayers in affidavit – burden to prove forgery of documentary evidence.
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30 October 2020 |
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Application for stay of execution was time-barred; no notice to show cause required as execution was within one year.
Land law – stay of execution – time bar – Order XXXIX Rule 5(2) CPC – tribunal’s power to entertain stay limited to period before appeal time expires. Civil procedure – execution – requirement for notice to show cause – Order XXI Rule 20(1)(a) – applies where execution is sought more than one year after decree. Land Disputes Courts Act – interplay with Civil Procedure Code on time limits for stay applications.
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27 October 2020 |
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Preliminary objection that extension application was time‑barred dismissed due to continuous prosecution and wrong timing of the limitation plea.
Land law – Limitation of actions – Law of Limitation Act s.3(1) and Schedule – Extension of time to appeal – Preliminary objection on limitation – continuous prosecution of proceedings prevents 'sleeping on rights'.
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26 October 2020 |
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A defective appellate tribunal judgment lacking reasons and assessors' opinion is set aside and remitted for proper judgment.
Civil procedure — Appellate judgment — Mandatory contents under Regulation 20(1)/Order XX R.4 — Reasons and points of determination required; assessors' opinion mandatory under Regulation 23; defective appellate judgment nullifies appeal; High Court revisional powers to set aside and remit for proper judgment.
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26 October 2020 |
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Applicants failed to account for unexplained six-month delay; extension of time to appeal denied with costs.
Extension of time — requirement to account for each day of delay — applicant must provide specific dates and documentary proof of requests for judgment copies — mere assertions insufficient — prior struck-out application and status as laypersons do not excuse lack of particulars.
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26 October 2020 |
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Leave to appeal refused where applicant failed to show an arguable point of law or reasonable prospects of success.
Land law — leave to appeal under section 47(2) Cap 216 — discretionary test for leave (arguable appeal/point of law) — assessment of evidential weight on ownership — validity of sale agreement and joinder of transferor's estate.
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26 October 2020 |
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Applicant failed to account for a two‑year delay; extension of time to seek leave to appeal denied and costs awarded.
Civil procedure – Extension of time – application under section 11(1) AJA – requirement to show good cause and account for each day of delay (Bushiri principle). Procedural law – Effect of previously struck‑out applications – refiling does not obviate need to establish reasons for subsequent delay (Ngoni Matengo principle inapplicable to excuse unexplained delay). Discretionary relief – Court will not extend time where applicant fails to establish sufficient cause or substantial prospects warranting override of prescribed time limits.
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26 October 2020 |
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Proceedings and judgment nullified where tribunal heard a suit against a deceased person without an appointed estate administrator.
Civil procedure – Representation of deceased party – Administrator of estate required to represent deceased in civil proceedings – Relatives without letters of administration lack locus standi – Failure to procure administrator or abate suit renders proceedings and judgment a nullity.
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21 October 2020 |
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Alleged illegality in the impugned judgment justified an extension of time to file appeal documents.
Civil procedure – Extension of time – Whether mistake of advocate constitutes sufficient cause – Generally not sufficient unless established. Civil procedure – Extension of time – Illegality in impugned judgment as sufficient cause for extension. Appeals – Filing notice of appeal and leave to appeal – time extension and procedural compliance. Evidence – Allegation of illegality involving variation of trial tribunal findings without locus in quo visit and disputes over title transfer.
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21 October 2020 |
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Appeal dismissed: appellate court will not entertain issues of legal capacity raised for first time on appeal; trial tribunal's ownership finding upheld.
Civil procedure – appeal – points not raised at trial – appellate court will not entertain issues not pleaded or decided below. Land law – ownership dispute – evaluation of evidence by trial tribunal and finality of properly framed findings. Capacity to sue – corporate/association legal capacity and requirement of board resolution must be raised at trial.
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21 October 2020 |
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Appellate court upheld respondent’s purchase-based ownership; long possession supports adverse possession, not purchaser’s title.
Land law – proof of ownership – purchaser’s evidence vs adverse possession – reliance on vendor’s testimony and corroborative possession evidence. Evidence – evaluation and re-evaluation on appeal – weight of direct evidence versus hearsay and admissions. Prescription/adverse possession – long possession supports adverse possession claims, not ownership by purchase.
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20 October 2020 |
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Court granted 30-day extension to apply to set aside dismissal, finding advocate’s negligence and applicant’s military duties sufficient cause.
Extension of time – Law of Limitation Act s.14(1) – sufficiency of cause – advocate’s negligence and applicant’s military duties as justification for extension – duty to account for delay.
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20 October 2020 |
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Court granted extension of time to appeal due to delay in obtaining certified judgment and applicant's diligent follow-up.
Land law – extension of time to appeal under s.41(2) LDCA; requirement of 'sufficient cause' for extension; procedural delay in supply of certified judgment; status of litigant (layperson) and diligence in pursuing certified copy.
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19 October 2020 |
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High Court has jurisdiction over a land dispute from seizure of items on licensed land; applicant awarded value, interest and costs.
Land law – jurisdiction of land courts – dispute arising from seizure of goods on licensed land; confiscation and justification; admissibility and weight of prior criminal judgments in civil proceedings; proof of value of seized goods; remedies — damages, interest and costs.
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19 October 2020 |
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Revision dismissed; tribunal correctly found submissions filed late (payment date is filing date) and dismissed for want of prosecution.
Land law – revision of Tribunal decision – scope of revision versus appeal – Court confined to record and affidavit. Civil procedure – filing date – date of payment of filing fees constitutes filing date (John Chuwa v Antony Ciza). Civil procedure – extension of time – illegality and chances of success cannot be relied upon when not properly before the Tribunal or record. Civil procedure – dismissal for want of prosecution where submissions filed out of time without leave is proper.
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19 October 2020 |
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Late amendment sought to increase disputed land from 30 to 60 acres was refused as changing the suit's character and prejudicial.
Civil procedure — Amendment of pleadings under Order VI r.17 — Limits: amendments must not introduce a new cause of action or change character of suit. Procedure — Late amendments after commencement of hearing — risk of prejudice, delay and need to recall witnesses. Pleadings — Responsibility of parties for facts in pleadings; blaming counsel error is insufficient where party verified documents.
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19 October 2020 |
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Delay is computed from when the Ward Tribunal's judgment was ready for collection; extension granted as appellant filed promptly.
Land appeal — Extension of time — Computation of time starts when judgment is ready for collection — Ward Tribunal letter as proof of delay — Appellate review for erroneous evaluation of documentary evidence.
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19 October 2020 |
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Leave granted where disputed locus standi and adverse possession raise serious questions of law and fact.
Land law — Leave to appeal — Test for leave (BBC v Ng'amaryo) — Locus standi as representative (letters of administration) — Adverse possession and limitation — Assessment of evidence on appeal.
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16 October 2020 |
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Leave to appeal granted where locus standi and adverse possession raise serious, non-frivolous questions for the Court of Appeal.
Land law – leave to appeal under s.47 LDCA – test for leave (not frivolous/vexatious) – locus standi of representative litigant; production/admission of letters of administration; adverse possession/limitation – appellate review of mixed questions of law and fact.
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16 October 2020 |
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Extension of time application struck out for being brought under the wrong statutory provision.
Civil procedure – extension of time – application for leave to appeal – jurisdiction to extend time governed by section 11(1) of the Appellate Jurisdiction Act, not section 14(1) of the Law of Limitation Act. Procedure – improper statutory basis – application struck out for not being properly moved. Affidavit irregularity – misrepresentation of deponent’s status noted but not decisive.
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16 October 2020 |
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Extension of time granted to seek revision due to alleged illegality and denial of right to be heard.
Civil procedure – extension of time – illegality in impugned decision as sufficient cause for extension Right to be heard – settlement recorded in applicant’s absence may deny audi Review/revision – court duty to investigate alleged illegality even if time has lapsed Evidence – allegations of execution must be supported by factual deposition or documents
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16 October 2020 |
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Sale of mortgaged land set aside where lender failed to prove default, required notices, and purchaser lacked registration evidence.
Land law – mortgage as continuing guarantee – validity of guarantee and interpretation of "from time to time" clause. Banking law – overdraft facilities – requirement of demand note to establish default on overdraft. Evidence and procedure – admissibility and notice requirements for documentary evidence (Order 13 CPC) and proof of service of statutory notices. Land law – power of sale under mortgage; requirement of 60‑day statutory notice; protection of purchaser under section 135 of the Land Act accrues upon registration and proper notice.
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16 October 2020 |
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Sale under a power of mortgage set aside where lender failed to prove borrower default, notice/demand, and purchaser’s registration.
Land law – mortgage and continuing guarantee; admissibility of bank records and compliance with Order 13 (CPC); burden of proof under section 115 Evidence Act; overdraft requires demand to constitute default; statutory 60‑day notice for exercise of power of sale; protection of purchaser under section 135 Land Act accrues upon proved registration of transfer.
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16 October 2020 |
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Leave to appeal granted where appeal raises genuine factual issue whether sale documents were fabricated.
Land law – leave to appeal under section 47(1) LDCA – whether substantial issues exist warranting Court of Appeal’s attention; fabricated documents and allegations of fraudulent sale. Appellate procedure – test for leave: substantial issue required; frivolous or vexatious grounds to be refused.
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16 October 2020 |
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Plaint dismissed for failing to plead accrual date and to attach the sale agreement as required by Order VII CPC.
Civil procedure — Order VII r.1 CPC (pleading date of accrual of cause of action); Order VII r.14(1) CPC (production/attachment of documents constituting cause of action); sale agreement as document forming cause of action; procedural non‑compliance — striking out plaint with costs.
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16 October 2020 |
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Court dismissed suit for lack of jurisdiction because plaintiff refiled previously abandoned general damages without leave.
• Civil procedure – jurisdiction – court must assess jurisdiction from pleaded facts and reliefs; • Res judicata/abuse of process – multiplication of suits from same cause of action; • Abandonment of claims – abandoned general damages cannot be refiled as specific by mere quantification; • Requirement of leave under procedural rules before refiling reliefs arising from same cause of action.
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15 October 2020 |
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Attachment before judgment granted where respondent absent and assets being removed, to secure execution of any future decree.
Civil Procedure – Attachment before judgment (Order XXXVI Rules 6 and 7 CPC) – Where defendant absent/unlocatable and assets being removed after suit, court may order attachment to prevent frustrative disposition of property – Applicant’s uncontroverted affidavit and proof of attempts to remove property justify attachment.
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13 October 2020 |
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Chairman permissibly differed with assessors and relied on respondent's residential licence where appellant's sale documents were dubious.
Land law – assessors’ opinions – chairman may differ but must give reasons; Evidentiary weight of documents – questioned sale agreements vs registered residential licence; Ownership in surveyed areas – prima facie proof by registration/licence; Trial court’s discretion in evaluating witness evidence and documentary inconsistencies.
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12 October 2020 |
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Application to restore a dismissed appeal struck out for citing the wrong legal provision; written submissions could not cure the defect.
Civil procedure – Restoration of dismissed appeal – Proper provision is Order XXXIX Rule 19 – Wrong citation in Chamber Summons renders application incompetent. Civil procedure – Chamber Summons must cite correct enabling provision; written submissions cannot cure defective summons. Civil procedure – Section 95 CPC not available where specific provision exists.
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12 October 2020 |
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Temporary injunction against a municipal council struck out for non‑joinder of the Attorney General and statutory prohibition.
Government proceedings – Written Laws (Miscellaneous Amendments) Act 2020 – Local government authorities included under section 6(3). Joinder – Attorney General must be joined as necessary party in suits against government/local authorities after expiry of notice; non‑joinder vitiates proceedings (s6(4)). Interim relief – Order XXXVII, Rule 1 proviso bars granting temporary injunctions against the government; declaratory relief may be made instead. Procedure – competence of application where mandatory statutory requirements are unmet.
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12 October 2020 |
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A sale by one without administrator authority cannot transfer good title; plaintiff’s claim to the village land dismissed with costs.
Land law – ownership dispute over village land; sale by non‑administrator – inability to pass good title (nemo dat quod non habet); validity of village allocation procedure – forged minutes and procedural irregularities; locus in quo inspection; reliefs – dismissal and costs in favour of defendant.
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9 October 2020 |
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Mortgage procured by impersonation and bank negligence declared void; applicant declared owner, awarded damages and costs.
Land law – ownership of registered land – identity and impersonation in mortgage transactions – admissibility of tentative exhibits – bank negligence and failure of due diligence – mortgage void ab initio for fraud – assessment of damages and costs.
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9 October 2020 |
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Registrar's rectification nullified for denying the applicant the right to be heard contrary to s.99(1)(c).
Land registration — rectification under s.99(1)(f) — mandatory notification/consent under s.99(1)(c) — right to be heard — natural justice — rectification nullified where affected person not notified.
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7 October 2020 |
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Failure to file court-ordered written submissions amounted to failure to prosecute; extension application dismissed with costs.
Land law — Extension of time to appeal under Land Disputes Court Act and Limitation Act; Civil procedure — failure to file court-ordered written submissions equates to failure to prosecute; late submissions without leave are disregarded; dismissal for want of prosecution and costs.
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5 October 2020 |
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Application for restoration dismissed as time-barred and incompetent due to wrong statutory citation.
Civil procedure – restoration/readmission of dismissed appeal – correct provision is Order XXXIX, Rule 19 CPC. Civil procedure – proof of filing date – Exchequer Receipt (payment) determines filing date, not e-filing submission or registry stamp. Procedural competence – wrong statutory citation renders application incompetent.
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5 October 2020 |
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Letters of administration do not automatically override prior inheritance and long possession as proof of land ownership.
Land law — Ownership — Inheritance and possession — Effect of letters of administration — Administrator’s grant does not automatically confer ownership. Evidence — Weight and corroboration of witness testimony; insufficiency of uncorroborated admissions. Procedural impropriety — Reliance on irrelevant factors (land-size discrepancy, non-cross-examination) in deciding ownership. Relief — Setting aside lower tribunals’ judgments, declaration of ownership and order to vacate; costs awarded.
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5 October 2020 |
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Applicant failed to account for delay and alleged illegality was not apparent; extension of time dismissed with costs.
Land appeal procedure — extension of time to file appeal; requirement to attach judgment and decree under Order XXXIX, Rule 1 CPC; accounting for every day of delay; allegations of illegality must be apparent on face of record to justify extension; objections to affidavit conclusions should be raised as preliminary points; unpleaded financial hardship cannot be considered.
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5 October 2020 |
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Delay in obtaining tribunal copies and the applicant’s prompt action justified extension to file an appeal.
Extension of time — sufficient cause — delay in supply of tribunal judgment/decree — lay litigant’s diligence — tribunal records as prima facie evidence of delay.
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5 October 2020 |
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Stay application dismissed as overtaken by events after court granted extension of time to file appeal.
Civil Procedure — Stay of execution under Order XXI r.24(1) — Application dependent on pending extension of time to appeal — Doctrine of being overtaken by events; stay dismissed as superfluous.
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5 October 2020 |
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Temporary injunction pending appeal dismissed for failure to show prima facie case, irreparable harm and balance of convenience.
Land — interlocutory relief — application for temporary injunction pending appeal; Civil procedure — effect of failure to file counter-affidavit: deemed not to contest factual allegations but does not preclude contesting merits; Injunctions — Atilio Mbowe test: prima facie case, irreparable injury, balance of convenience; Judicial discretion — exercise requires demonstration of mandatory conditions.
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2 October 2020 |
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Hospital medical evidence of illness justified extension of time to appeal; application granted and appeal to be filed within 20 days.
Civil procedure – Extension of time – Whether sufficient cause exists to extend time to appeal – Medical incapacity as sufficient cause where supported by credible hospital report. Evidence – Affidavit versus submissions – Factual assertions must be supported by affidavit evidence; submissions cannot substitute evidential foundation. Timeliness – Prompt filing after recovery strengthens claim for extension of time.
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2 October 2020 |
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Non-joinder of a necessary party is an illegality justifying extension of time to appeal.
Land law – extension of time – illegality as sufficient cause – non-joinder of a necessary party renders proceedings null and void – First appellate tribunal entitled to inquire and correct.
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2 October 2020 |
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Failure to state accrual date and to attach the sale agreement rendered the plaint incurably defective; suit struck out with costs.
Civil procedure – Order VII rule 1 CPC – requirement to disclose date of accrual of cause of action; Civil procedure – Order VII rule 14(1) CPC – duty to produce and attach documents constituting cause of action; Land sale – failure to attach sale agreement and specify payment terms renders plaint defective; Preliminary objections – verification clause objection unnecessary once mandatory non-compliance established.
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2 October 2020 |
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Extension of time granted: bona fide prosecution of prior appeal and interest of justice justified further extension.
Civil procedure – Extension of time – bona fide prosecution of previous appeal as sufficient cause under section 21, Law of Limitation Act. Procedural law – Functus officio – prior grant of extension does not preclude fresh application for delay arising thereafter. Land Disputes Courts Act – section 51(1)(b) – relaxation of strict procedure in interest of justice for unrepresented litigant.
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2 October 2020 |
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An omnibus application improperly combining incompatible prayers (abatement, joinder, injunction) is incompetent and was struck out with costs.
Civil procedure – omnibus/chamber application – combining multiple prayers – incompatibility of reliefs – competence of combined proceedings. Abatement – setting aside abatement and restoration of suit as prerequisite to joinder and interim relief. Interlocutory relief – joinder and temporary injunction – dependency on restoration of abated proceedings.
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2 October 2020 |
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Failure to consider uncontested medical evidence and prima facie illegality justified extension of time to appeal.
Land procedure – Extension of time to appeal – Applicant alleging sickness supported by medical chits – Tribunal’s duty to consider and address affidavit evidence and give reasons. Evidence – Uncontested medical records and affidavit averments – failure to consider amounts to misdirection. Appealability – Prima facie illegality (certificate of title) in intended appeal can justify extension of time.
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2 October 2020 |
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High Court granted extension after finding tribunal failed to consider medical evidence and arguable illegality in intended appeal.
Civil procedure – Extension of time to appeal – applicant’s sickness and supporting medical records – tribunal’s duty to consider affidavit averments and exhibits and to give reasons. Presence of arguable illegality in intended appeal as ground for extension of time. Remedy: setting aside tribunal ruling and substituting order granting extension.
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2 October 2020 |
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Preliminary objections to an extension-of-time application were dismissed; statutory basis valid and power-of-attorney issue not a proper preliminary objection.
Civil procedure – preliminary objections – correctness of statutory provision for extension of time (s.52 Land Disputes Courts Act; s.14 Limitation Act) – objection on wrong provision dismissed. Civil procedure – interlocutory objection on remedy (appeal vs revision) premature when only extension of time is sought. Civil procedure – locus standi and power of attorney – non-annexation is a factual matter not appropriate for a preliminary objection (Mukisa Biscuits principle).
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2 October 2020 |