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Citation
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Judgment date
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| December 2020 |
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Administratrix lacked locus and failed to prove land ownership; claim struck out with costs.
Probate law – letters of administration and locus standi; requirement to prove continuing administration or valid extension; evidentiary threshold to claim land (description and demarcation); challenge to issuance of Certificates of Title; ex parte proceedings against government and procedural considerations.
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11 December 2020 |
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Court allowed extension of time, finding tribunal wrongly ignored earlier timely application when assessing delay.
Land law – extension of time to file appeal; consideration of earlier struck-out application as commencement of delay; promptness and not sleeping on rights; appellate review of Tribunal's exercise of discretion.
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11 December 2020 |
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Mortgage over a matrimonial home was void for lack of lawful spouse consent; lender failed to discharge due diligence.
Land law – Matrimonial home – Spouse consent required under Law of Marriage Act s59 and Land Act s161(3) – Lender's due diligence under Mortgage Financing Regulations – Absence/doubtful spouse-consent vitiates mortgage.
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11 December 2020 |
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Claim to set aside mortgagee sale dismissed for failure to prove actual sale or fraud.
Land law – Mortgage and forced sale – Proof of sale – Whether auctioned sale was proved by production of sale receipt, certificate of sale or purchaser identification – Notice to borrower – Procedural irregularity not voiding sale absent fraud – Premature suit – Reliefs and costs.
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11 December 2020 |
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Application for extension to file reference against Taxing Master was incompetent under Law of Limitation; Order 8(1) Advocates Remunerations Order applies.
Civil procedure — extension of time to file reference against Taxing Master — improper invocation of Law of Limitation Act — correct provision: Order 8(1), Advocates Remunerations Order, 2015 — application incompetent and struck out with costs.
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11 December 2020 |
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Offers without approved survey/title do not establish ownership; occupation after plan approval is trespass; payments for non-existing plots must be refunded.
Land law – offer letters vs. approved survey/title – locus in quo – proof of ownership requires approved survey plan and title; occupation after survey approval constitutes trespass/encroachment; refunds for payments for non-existing plots; municipal negligence in land management.
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11 December 2020 |
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Allocation to a religious association prior to incorporation was valid; fraud unpleaded and unproven, plaintiff’s claim dismissed.
Land allocation – Form No.19 application and Commissioner’s discretion; Trustees Incorporation Act – pre‑incorporation acquisition and section 10; fraud in civil pleadings – particulars and heightened proof standard; validity of Certificate of Occupancy; revocation of title.
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11 December 2020 |
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Application to extend time for notice of appeal and for leave was incompetent; struck out, no costs.
Civil procedure — Extension of time — Whether a fresh extension application can be entertained after a prior extension was granted in respect of the same decision — Proper remedy under section 93 CPC for enlargement of time. Appellate procedure — Second appeals — Leave to appeal versus certificate as to points of law — Certificate required for appeals arising from second appeals
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11 December 2020 |
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Applicant granted 21 days to file notice and leave application; court held interrelated extension prayers permissible and delay excused.
Civil procedure – extension of time to appeal – omnibus applications – interrelated prayers may be joined; delay attributable to counsel and claimant’s lay status can constitute sufficient cause for extension of time.
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10 December 2020 |
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Whether a restricted right‑of‑occupancy sale is enforceable and whether a registered long‑term lease and demolition were lawful.
Land law – right of occupancy with 25‑year restriction on disposition; effect on purported sale. Contract law – existence of consensus ad idem and consideration for sale; documentary proof. Registered long‑term lease – registration, enforceability and correction of lease term. Demolition and municipal permit – legality and consent by parties. Allegations of forgery – evidentiary weight and effect on civil claims
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10 December 2020 |
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Land Division lacks jurisdiction over lessee claims for demolition/eviction damages; such claims lie in the District Court.
Jurisdiction – Land Disputes Courts Act – determination by reference to pleaded facts (cause of action) and reliefs claimed. Land law – scope of "matter concerning land" includes rights or interests (including possessory rights) but landlord–tenant disputes under Part IX Sub-part IV of the Land Act are allocated to District Court jurisdiction. Civil procedure – preliminary objection – forum non conveniens/statutory allocation of jurisdiction – suit dismissed for want of jurisdiction. Statutory interpretation – Sections 107 and 109 of the Land Act direct lessee claims for eviction/demolition relief to District Courts
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10 December 2020 |
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A suit identical to previously dismissed proceedings is res judicata and is dismissed as an abuse of process.
Civil procedure – Res judicata – Prior final dismissal on merit bars subsequent suit between same parties over same subject matter; distinction between dismissal and striking out; abuse of court process; application of section 9 Civil Procedure Code.
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10 December 2020 |
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Suit struck out because plaintiff failed to appoint administrator for deceased indispensable defendant; refile subject to limitation.
Civil Procedure — Abatement on death — Order XXII Rule 3(1) — Indispensible party — Order I Rule 9 (misjoinder/non-joinder) — Service by publication vs ex parte hearing — Failure to appoint administrator — Striking out suit.
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10 December 2020 |
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Acquisition for public use without full compensation is unlawful; owner entitled to land valuation, approval by Chief Government Valuer, and damages.
Land law – compulsory acquisition – public purpose but no full, fair and prompt compensation – constitutional protection of property (Article 24) – valuation to include land value (not crops only) – independent valuer and verification by Chief Government Valuer – general damages for loss of use.
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10 December 2020 |
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Discovery of a Certificate of Occupancy justified extension of time under section 14(1) to file a revision.
Land law — Extension of time under s.14(1) Law of Limitation Act — Discovery of new evidence (Certificate of Occupancy) as sufficient cause — Ex parte hearing where respondent properly served but absent — Affidavit irregularity (undated) considered but not fatal.
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10 December 2020 |
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Appellant may not raise new grounds on appeal; tribunal’s finding on land ownership upheld and appeal dismissed.
Land law – ownership dispute over mosque land; Pleadings – parties bound by pleadings; fresh grounds and evidence not permissible on appeal; Adverse possession – cannot be raised first on appeal and not established where claimant entity lacked uninterrupted possession; Evidence – appellate court will not substitute its view where tribunal’s weighing of oral evidence was not shown to be wrong; Procedural irregularity – alleged death of a party unproven and not fatal to proceedings.
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10 December 2020 |
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Children’s consent or witnessing is not required to invalidate a parent’s land sale; appeal dismissed.
Land law – validity of sale – absence of children’s/relatives’ consent or witnessing does not vitiate a parent’s sale; long occupation supports validity; issues decided in lower tribunals not reopenable on second appeal; signature on sale agreement challenged as previously considered.
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8 December 2020 |
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The land tribunal lacked jurisdiction to decide the applicant's loan-extension and alleged mortgage dispute, so its judgment was nullified.
Jurisdiction of Land and Housing Tribunal; nature of reliefs determining jurisdiction under the Land Disputes Courts Act; temporary injunction and loan-extension do not automatically create a land dispute; absence of pleaded mortgage instrument; nullification of proceedings under section 43.
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8 December 2020 |
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Applicants failed to account for delay; extension of time to appeal refused and application dismissed with costs.
Extension of time – requirement to account for each day of delay; allegations of tribunal-caused delay require supporting evidence (affidavit of tribunal officer); discretion to enlarge time exercised only where sufficient reasons shown; overriding objective does not excuse unexplained or negligent delay.
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7 December 2020 |
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Applicant failed to show sufficient cause for extension of time; application dismissed with costs.
Extension of time – sufficient cause – delay and unexplained gaps between judgment delivery and filing – prior struck-out applications for citation and e-filing errors – overriding objective not available to excuse unaccounted delay.
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7 December 2020 |
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Whether extension of time is justified where a timely application was struck out for incorrect citation.
Limitation – extension of time under s.14(1) Law of Limitation Act – accounting for delay after an application struck out with leave to refile
Procedure – effect of wrong citation/typographical error in enabling provisions – immaterial where application struck out with liberty to refile. Calculation of delay – working days versus calendar days – relevance to diligence inquiry
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7 December 2020 |
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Leave to appeal granted where appealable High Court decision raised valid issues on estate capacity, party status and adverse possession.
Civil procedure — Leave to appeal to Court of Appeal — Requirements: affected rights, appealability, valid grounds (not mere prospects of success). Land law — Estate capacity — Whether property may be held as part of a deceased’s estate absent the administrator’s participation. Civil procedure/party capacity — Proper party to sue: personal capacity v. administrator. Land law — Adverse possession issues raised at Tribunal as grounds for further appeal
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7 December 2020 |
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A subsequent land ownership suit was dismissed as res judicata because a prior unchallenged judgment covered identical issues.
Res judicata – section 9 Civil Procedure Code – identity of parties, subject matter, title and finality of prior decision; non-parties’ remedy by revision; dismissal of subsequent suit for same land claim.
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7 December 2020 |
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A revision against a tribunal’s ruling on a preliminary objection is premature and dismissed unless it finally determines the suit.
Land law — High Court supervisory jurisdiction under s.43 Land Disputes Courts Act — power to call for and inspect tribunal records
Civil Procedure Code s.79(1) and s.79(2) — scope of revision; prohibition on revising interlocutory or preliminary orders that do not finally determine the suit. Interim/interlocutory decisions — not revisable until final determination to prevent multiplicity and delay. Premature applications — dismissal with costs where revision filed before final determination
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7 December 2020 |
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Plaintiff failed to prove mortgage invalidity or matrimonial interest; suit dismissed for lack of evidence.
Family/matrimonial property — requirement to prove acquisition during marriage and contribution; Spousal consent — mortgage of matrimonial home and evidentiary burden; Evidence — necessity to tender mortgage deed, guarantee and certificate of title to challenge validity; Civil procedure — parties bound by pleadings but court requires admissible evidence to vitiate transactions.
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7 December 2020 |
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The plaintiffs' compensation claim was time‑barred and the remainder of the land suit struck out for non‑joinder of land authorities.
Land law – ownership disputes over allocated plots – absence of certificates of title and reliance on survey plan and exchequer receipts Limitation law – action for compensation prescribed after one year (Item (1), Part I, First Schedule, Law of Limitation Act) Civil procedure – non‑joinder of necessary parties (Municipal Council; Commissioner for Lands) renders suit incompetent Procedure – partial time‑barred relief does not salvage a suit incompetent for non‑joinder
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4 December 2020 |
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Applicant's unexplained delay and unproven misnomer/merger allegations failed to justify extension of time; application dismissed with costs.
Civil procedure – Extension of time – Application under s.11 Appellate Jurisdiction Act and s.95 Civil Procedure Code – Applicant must provide factual explanation for inordinate delay. Corporate identity/misnomer – Misnomer defence requires factual proof of identity or absence of confusion; attorney argument without affidavit evidence insufficient. Merger documents – Merger clearance showing a different surviving company does not, without evidence, excuse delay
Illegality – Allegations of illegality in the impugned judgment must be clear and demonstrable; mere complaint about reliefs or title validity does not automatically justify extension of time
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4 December 2020 |
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Applicant failed to demonstrate sufficient cause (illness or illegality) for extension of time; application dismissed with costs.
Extension of time – section 14(1) Law of Limitation Act – requirement to show sufficient cause; Delay explained by illness – need for particulars and supporting medical evidence; Alleged illegality – must be supported by affidavit and exhibits (e.g., power of attorney) to ground extension; Failure to explain when judgment was discovered and when recovery occurred defeats extension application.
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4 December 2020 |
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Long-term permissive cultivation by the respondent does not constitute adverse possession; land remains in the owner's estate.
Land law – Adverse possession – possession must be actual, hostile, open, notorious, exclusive and continuous for statutory period – permissive or consensual occupation (invitee) is not adverse possession – absence of evidence of sale or transfer defeats claim to title by long cultivation.
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4 December 2020 |
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Reference against dismissal was premature; proper remedy was to apply to set aside the dismissal order.
Civil procedure – Reference against Deputy Registrar’s dismissal of bill of costs – Maintainability – Proper remedy is application to set aside a dismissal order – Matter remitted to Deputy Registrar for determination.
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4 December 2020 |
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Failure to obtain and consider assessors' written opinions vitiated the appellate tribunal's proceedings and warranted a rehearing.
Land law — Appellate procedure — District Land and Housing Tribunal — Mandatory requirement for two assessors to give written opinions before judgment — Section 23(2) Land Disputes Courts Act and Regulation 19(2) G.N
No. 174/2003 — Failure to obtain/consider assessors' opinions vitiates proceedings — Remittal for rehearing
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4 December 2020 |
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Failure to file court‑ordered written submissions amounts to failure to prosecute and warrants dismissal with costs.
Land law — extension of time to appeal (s.41(2) Land Disputes Courts Act) — non‑compliance with court direction to file written submissions — failure to prosecute — dismissal with costs.
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4 December 2020 |
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Three-year delay and unsupported allegations of illegality failed to justify extension of time to file a reference.
Civil procedure – Extension of time – "Sufficient cause" test – Lyamuya factors: account for all delay, non-inordinate delay, diligence, and apparent illegality on record.* Extension of time to file reference – Applicant must substantiate factual grounds and produce registry/file evidence of prior filings.* Illegality as ground – alleged illegality must be apparent on face of record to justify extension (Principal Secretary v Devram Valambia applied).
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3 December 2020 |
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Suit struck out after plaintiff abandoned ownership claim and remaining compensation fell below High Court's pecuniary jurisdiction.
Land — abandonment of claim; pecuniary jurisdiction — section 37(1)(b) Cap 216 RE 2019; suit struck out where remaining claim falls below High Court (Land Division) monetary jurisdiction; survey plan and committee minutes showing disputed parcel within registered CT No.10760; compensation for alleged demolition.
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3 December 2020 |
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Administrator of an estate lacked locus standi to seek declaration over property claimed by a third party; suit struck out.
Land law — Locus standi — Administrator's powers confined to estate — Suit seeking declaration as to property of a third party incompetent; Civil procedure — Preliminary objection — Plaintiff cannot withdraw suit to preempt a pending preliminary objection.
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3 December 2020 |
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Plaintiffs allowed to withdraw and refile because purchaser is a necessary party; costs denied due to non-disclosure and delay.
Civil procedure – withdrawal of suit with liberty to refile – joinder of necessary parties (purchaser of property). Land law – sale of suit property – purchaser as necessary party for executable decree
Costs – discretion to deny costs where defendant admitted sale but failed to disclose purchaser and delayed raising joinder issue
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1 December 2020 |