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Citation
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Judgment date
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| April 2020 |
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Application to stay execution struck out because the temporary injunction had expired under Order XXXVII Rule 3 CPC.
Civil procedure – Temporary injunction – Order XXXVII Rule 3 CPC – six-month life span – expiry of temporary order – competence of application to stay execution – preliminary objection upheld – application struck out.
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30 April 2020 |
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Absence of clan meeting does not bar applying for appointment as estate administrator if statutory notice rules are followed.
Probate & Administration – intestate estates – clan/family meetings encouraged but not legally mandatory for appointment of administrator; Procedure – Primary Courts (Administration of Estates) Rules G.N. 49/1971: Form No.1 (rule 3), citation/notice (rule 5(2)), service and discretionary advertisement; Appellate review – interference where lower courts applied wrong principle of law.
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30 April 2020 |
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The applicant's lease-damage claim was time-barred because the cause of action accrued over six years before filing.
Limitation law – accrual of cause of action – lease breach and alleged continuing breach – six-year limitation under paragraph 7, First Schedule, Law of Limitation Act – preliminary objection sustained – suit dismissed as time-barred.
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30 April 2020 |
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Expunging a document admitted at trial without hearing the affected party violated the right to be heard; judgment set aside and retrial ordered.
Civil procedure – right to be heard – tribunal raising new issue suo motu – obligation to reopen hearing and invite submissions; failure vitiates judgment. Evidence – admissibility of documentary evidence – documents produced and admitted without objection cannot be expunged in judgment without affording parties opportunity to be heard. Remedy – setting aside impugned judgment and ordering retrial de novo before a different chairman and new assessors. Reference to Stamp Duty Act issue was procedural; appellate court addressed procedure rather than substantively ruling on stamp duty compliance.
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30 April 2020 |
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Execution-related complaints must be raised under section 38 CPC; a fresh suit was incompetent and dismissed.
Land law — Execution of decree — Challenge to mode and extent of execution must be brought under section 38 Civil Procedure Code; fresh suit incompetent; res judicata requires same subject matter; plaint requirements — Order VII r.1(e).
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29 April 2020 |
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Appeal dismissed except demolition order quashed: tribunal rightly found respondent's older possession and time-bar barred claim.
Land law – trespass and ownership – issue framing; evidentiary weight of site visit; limitation of actions for land (12 years); improper grant of demolition relief absent counterclaim.
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29 April 2020 |
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Institutional plaintiff's failure to plead incorporation and signatory authority leads to striking out for want of locus standi.
Civil procedure – preliminary objections – locus standi: institutional plaintiff must plead incorporation status and signatory’s authority to establish standing. Civil procedure – competence of suit – failure to disclose incorporation and signer’s capacity renders plaint incompetent and liable to be struck out. Civil procedure – jurisdiction and res judicata – Court retains duty to consider jurisdiction even if parties do not fully address it. Procedural law – failure to file submissions on preliminary objections amounts to waiver of the right to be heard.
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29 April 2020 |
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Withdrawal of an earlier land claim with no leave to refile precludes a fresh suit; the present claim was dismissed as res judicata.
Land — preliminary objections — non-joinder of alleged sellers — necessary vs. non-necessary parties; Order VII r.3 CPC — description of immovable property; withdrawal with no leave to refile — constructive res judicata (Order XXIII r.1(3), s.9 CPC).
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29 April 2020 |
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Successful plaintiff denied costs where his breach contributed to the dispute; each party ordered to bear own costs.
Costs – discretion under section 30(1) CPC – costs generally follow the event; discretion must be exercised judicially and reasons given where costs do not follow the event; exception where successful party guilty of misconduct or there is other good cause; breach of contract/‘unclean hands’ may disentitle successful party to costs; purchaser at auction expected to make due diligence.
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29 April 2020 |
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Whether a tribunal properly vacated an execution order because execution exceeded its judgment and the review was timely.
Land procedure – Review and execution – Leave to extend time for review – Whether review was time-barred; Execution – Execution exceeding the judgment – Tribunal's power to vacate an execution order not supported by the judgment.
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29 April 2020 |
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Wrong citation of the enabling provision for a second-appeal extension is fatal; application struck out but time excluded if refiled within 21 days.
Land Disputes Courts Act – second appeals – section 38(1) proviso is the proper enabling provision for extension of time for second appeals. Incorrect citation of the enabling statutory provision is a fatal jurisdictional defect. Equity where applicant is unrepresented and respondent did not object – striking out with leave to refile. Exclusion from computation of time of period spent prosecuting defective application.
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27 April 2020 |
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An affidavit containing prayers and argumentative conclusions is incurably defective and the application is struck out with costs.
Civil procedure — Affidavits — Order XIX CPC — Affidavit must contain facts within deponent’s knowledge; must not contain prayers, legal arguments or conclusions. Affidavit defects — Prayer and argumentative/conclusive statements are impermissible and render an affidavit defective. Remedy — Expungement vs. amendment; incurable defects may require striking out; court may not use overriding objective to circumvent mandatory procedural requirements.
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27 April 2020 |
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Delay in obtaining certified judgment copies and respondent's failure to file submissions justified extension of time to appeal.
Civil procedure – Extension of time – Whether delay in obtaining certified judgment and decree constitutes sufficient cause to extend time to appeal. Civil procedure – Failure to file written submissions – Equated to non-appearance; application may proceed ex parte. Judicial discretion – Granting extension based on demonstrated diligence in obtaining necessary documents.
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27 April 2020 |
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Application to set aside dismissed appeal was time-barred and improperly brought under the wrong procedural provision.
Limitation — Re-admission of appeal dismissed for want of prosecution — thirty-day limit under Limitation Act; Filing date is evidenced by payment/exchequer receipt not registry stamp; Wrong citation of enabling provision (Order IX R.9(1) v Order XXXIX R.19 CPC) renders application incompetent; Overriding objective cannot cure fundamental procedural defects affecting jurisdiction/competence.
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27 April 2020 |
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A guarantor was not discharged where its director's actions evidenced consent to a loan extension, making the bank's sale lawful.
Mortgage/guarantee – continuing security and coverage of loan extensions; Surety law – discharge by variance and necessity of guarantor's consent; Agency/imputed knowledge – director's conduct and signature binding the guarantor company; Civil procedure – lawfulness of sale of mortgaged property where demand and default notices served; Banking law – recovery measures and public interest in enforcement of securities.
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27 April 2020 |
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The applicant's mortgage secured an extended overdraft where its director consented, so sale of the mortgaged property is lawful.
Mortgage/guarantee – extension of facility – continuing security and suretyship – variance without surety's consent – knowledge by conduct through common director – enforceability of security – lawfulness of sale after demand and default notices.
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27 April 2020 |
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The applicant was bound by the extended facility where a shared director consented; mortgage covered extended liability and sale lawful.
Banking law – mortgage/guarantee – continuing security – whether a mortgage covers an extended facility where extension signed by a director of both guarantor and borrower. Contract law – suretyship – variance without surety’s consent and discharge under section 85 Law of Contract Act – application where surety’s director consented by conduct. Property enforcement – notice of demand and default – lawfulness of sale/auction of mortgaged property. Evidence – use of signatures and corporate identity to infer knowledge and consent.
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27 April 2020 |
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Temporary injunction application struck out for failure to join essential parties to a tripartite mortgage transaction.
Civil procedure – interim injunction – prematurity of application where essential parties absent; Necessity to join all parties to a tripartite mortgage transaction; Failure to properly represent deceased guarantor’s estate; Abuse of process for incomplete party joinder.
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27 April 2020 |
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Failure to file court-ordered written submissions constitutes failure to prosecute and justifies dismissal for want of prosecution.
Civil procedure – failure to comply with court-ordered timetable – failure to file written submissions amounts to failure to prosecute and warrants dismissal for want of prosecution; Filing deadlines – a deadline falling on a non-working day does not absolve party of duty to file on or before the date or seek leave; Leave to file out of time – required and must be sought when opportunity arises; Costs – discretion to apportion costs where parties are lay persons.
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27 April 2020 |
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An application for extension to file a new appeal is incompetent where a prior appeal was dismissed as time-barred unless that dismissal is vacated.
Limitation law – Section 3 Law of Limitation Act – dismissal for being time-barred – dismissal operates as conclusive determination preventing refiling unless vacated or appealed. Procedural law – competence of applications after dismissal – preliminary objection to misconceived applications. Authority – Olam Uganda Ltd v Tanzania Harbours Authority applied.
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27 April 2020 |
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Plaintiff's description by title number sufficed; alleged absence of cause of action was a factual issue, not a preliminary objection.
Civil procedure – preliminary objection – must raise a pure point of law; cannot resolve factual disputes by preliminary objection. Land law – description of suit property – identifying surveyed land by plot/block and certificate of title suffices under Order VII r.3 CPC. Pleadings – cause of action – disputes about ownership, boundaries or existence of gift/wakf are factual matters requiring evidence.
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27 April 2020 |
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Failure to determine matrimonial status and vendor identity nullified tribunal judgment and prompted a retrial de novo.
Land law; matrimonial property; spousal consent to sale; identity of vendor in sale agreement; proof of customary marriage; Order 13 CPC — framing issues; failure to determine issues — nullity and retrial de novo.
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24 April 2020 |
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Plaintiff’s challenge to compensation failed for lack of evidence and because statutory valuation procedures and payments were followed.
Land acquisition – assessment and adequacy of compensation – procedural compliance with Land Acquisition Act – evidence required to challenge compensation – inadmissibility of projected future income under Section 14.
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24 April 2020 |
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A tribunal may raise issues suo motu but must afford parties a right to be heard before deciding, failing which judgment is set aside.
Land law – non-joinder of necessary party – tribunal raised issue suo motu – duty to afford parties right to be heard – failure vitiates judgment – remit for fresh judgment.
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24 April 2020 |
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Plaintiff’s 1983 offer invalidated by prior 1978 certificate; adverse possession and fraud challenges struck out for procedural deficiencies.
Land law – competing claims to registered land – effect of prior certificate of title on subsequent letter of offer. Land registration – once a certificate of title is issued it supersedes a letter of offer. Adverse possession – registered land requires statutory procedure (Land Registration Act s.72 or Limitation Act s.37) and joinder of Registrar for registration. Determination of alleged fraud in title issuance requires joinder/hearing of the Registrar of Titles.
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24 April 2020 |
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Sale of mortgaged property at significant undervalue breached mortgagee's duty; auction voided and damages awarded.
Land law – Mortgagee's duty under section 133 to obtain best price reasonably obtainable – sale at undervalue and rebuttable presumption where price is substantially below market/forced value. Valuation – forced sale (auction) value versus market value – relevance in mortgage enforcement. Procedure – adequacy of demand notice and particularity of auction/sale of chattels. Remedies – nullification of sale, award of damages and costs; mortgagor remains liable for outstanding debt.
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24 April 2020 |
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Sale of mortgaged property at substantial undervalue breached mortgagee’s duty; chattels seizure was unlawful.
Land law – mortgagee’s duty under section 133 to obtain best price; sale at substantial undervalue breaches duty. Valuation – market value and forced sale value compared to auction price. Sale and auction procedure – requirement for adequate notice, reserve/threshold and proper specification of chattels. Remedies – nullification of sale, damages for unlawful seizure, dismissal of counterclaim.
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24 April 2020 |
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A dismissal under Order 9 Rule 8 CPC is an order (not a decree) and can be set aside; decree extraction refused.
Civil Procedure Code — Decree vs Order — Dismissal under Order 9 Rule 8 (non-appearance) — Not necessarily a decree; may be set aside under Order 9 Rule 9(1). Distinction from Order XVII Rule 3 dismissals which are final and appealable as of right.
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24 April 2020 |
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Extension of time to appeal granted where applicants diligently pursued judgment and proceedings despite brief delay.
Land law – Extension of time to appeal – Limitation period computation – Delay in supply of tribunal judgment/proceedings – Diligence and sufficient cause under S.41(2) LDCA and S.14(1) Law of Limitation Act.
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23 April 2020 |
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A suit filed outside the jurisdiction where the cause of action and subject land arose was struck out as improperly instituted.
Civil procedure – Territorial jurisdiction – Section 18 CPC – Cause of action arising elsewhere – Corporation’s subordinate office – Forum shopping – Striking out suit and counterclaim.
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23 April 2020 |
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Leave to appeal granted against refusal of extension of time; illegality as ground may be considered on appeal.
Land - Extension of time to file appeal - Leave to appeal under s.47(2)&(3) - Whether illegality/irregularity can constitute sufficient cause for extension - Appeals originating from Ward Tribunal - Test for grant of leave (arguable appeal/point of law).
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22 April 2020 |
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An application for extension of time and leave to appeal that introduces a new non‑party is incurably defective and struck out.
Civil procedure – Appeals – Extension of time and leave to appeal – Procedural requirements as to parties – New party cannot be added at second appeal stage – Application incurably defective and struck out.
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22 April 2020 |
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A court issuing a decree must determine disputes arising from its execution; other courts cannot entertain separate suits challenging that execution.
Civil Procedure – Execution of decree – Section 38 CPC – Questions relating to execution, discharge or satisfaction of decree must be determined by court that issued the decree. Civil Procedure – Jurisdiction – Prohibition on separate suit challenging acts arising from execution of prior decree. Preliminary objections – Res judicata / res subjudice / functus officio – limits on forum for execution disputes. Evidence law – Mukisa principle – scope and limits where execution issues are governed by section 38 CPC.
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22 April 2020 |
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Bona fide purchasers of a vendor’s share retain ownership despite lack of post‑sale spouse consent; appeal allowed.
Land law – matrimonial property – spouse consent under Land Act 1999 – non-retroactivity; bona fide purchaser for value – sale of vendor’s share of farm; administratrix sued in representative capacity; appellate inadmissibility of new issues not raised at trial.
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22 April 2020 |
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Absence of spouse consent does not automatically invalidate sale of a deceased's portion; bona fide purchasers protected.
Land law – matrimonial property and spouse consent – effect of absence of spouse consent (s.161 Land Act) – transactional timing and non-retroactivity – protection of bona fide purchasers for value – remedy limited to spouse's option to avoid, not automatic nullification.
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22 April 2020 |
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Construction of an adjacent wall that blocked drainage damaged the plaintiff's wall; plaintiff awarded Tshs.10,000,000 general damages.
Land law – Boundary walls on adjacent plots – Construction of a new wall close to an existing wall; blocking drainage and causing damage; municipal procedures for demolition/alteration; quantification of damages (specific vs general); dismissal of unproven counterclaim.
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22 April 2020 |
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Construction of a new adjacent boundary wall unlawfully damaged neighbour's wall; plaintiffs awarded general damages.
Land disputes — boundary wall construction — neighbouring plots — unlawful/irresponsible construction adjacent to pre-existing wall — obstruction of drainage — damages recovery; failure to follow municipal demolition/consent procedures; counterclaim dismissed for failure to prove losses.
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22 April 2020 |
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High Court granted leave to appeal where applicants raised arguable issues of non-notification and denial of fair hearing.
Land — Leave to appeal — Requirements for leave: protection of parties' rights, appealability, existence of arguable grounds — Alleged failure to notify succession of tribunal chairpersons and denial of fair hearing — Grant of leave where issues are arguable and appellate determination required.
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22 April 2020 |
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Applicant failed to prove ownership; land held to be village reserved land and allocation to contractor valid.
Land law – ownership – burden of proof and possession as prima facie evidence of title Village land – reserved land designation and administrative allocation Contract law – validity of agreement between village council and contractor for extraction of earth materials Civil procedure – insufficiency of uncorroborated oral evidence and weight of documentary proof Remedies – claim for compensation dismissed; costs awarded to successful defendants
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22 April 2020 |
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Delay to file appeal excused where time to obtain certified judgment copies is excluded from limitation period.
Limitation of actions – exclusion of time to obtain copies of judgment under section 19(2) Law of Limitation Act; extension of time to file appeal; obligation to account for delay.
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20 April 2020 |
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A suo moto finding of res judicata without hearing the parties is a nullity and must be remitted for fresh determination.
Land procedure – tribunal raising res judicata suo motu during judgment – right to be heard – natural justice – decision made without hearing parties is a nullity – remittal for fresh determination.
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20 April 2020 |
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A tribunal's suo moto finding of res judicata without hearing the applicant violates the right to be heard and is null.
Land procedure; res judicata and jurisdiction; suo moto determination of issues; right to be heard; natural justice; nullity of judgment; remittal for fresh determination; costs awarded.
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20 April 2020 |
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A tribunal’s sua sponte finding of res judicata without hearing parties is a nullity; appeal allowed.
Civil procedure – natural justice – right to be heard – a court may not determine a new issue suo motu without affording parties opportunity to be heard; such decision is a nullity. Res judicata – tribunal raising res judicata during judgment construction without framing the issue or hearing parties is impermissible. Remittal – matter remitted for determination on merits where prior judgment set aside.
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20 April 2020 |
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Applicant failed to show sufficient cause or account for each day of delay; extension of time to appeal was refused.
Land law — extension of time to appeal — discretion of court and requirement to show sufficient cause; delay must be accounted for day‑by‑day; evidential proof for personal excuses (bereavement, financial constraint, incompetent advisor) required; legal aid and withdrawal of defective filings do not alone justify unexplained delay.
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20 April 2020 |
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A challenge to a Taxing Officer’s decision must be by statutory reference, not by memorandum of appeal; misfiling renders it incompetent.
Taxation of costs — Procedure — Challenge to Taxing Officer’s decision must be by reference under Order 7 Advocates Remuneration Order (GN No.264/2015) — filing a Memorandum of Appeal under Order XXXIX CPC is inappropriate — procedural incompetence leads to striking out — court may raise competence suo motu.
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20 April 2020 |
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Unstamped sale agreement inadmissible; appellant failed to prove ownership and appeal dismissed with costs.
Stamp Duty Act – admissibility of instruments – unstamped documents inadmissible unless duly stamped; omission cureable if party moves court to pay duty. Evidence – locus in quo visits – witnesses called by tribunal for verification cannot introduce new evidence; procedural safeguards required. Civil procedure – burden of proof – party asserting ownership must prove on balance of probabilities; failure to call material witnesses reduces evidential weight. Documentary evidence – annexures to joint WSD admissible; defective photocopies not fatal if no prejudice shown.
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20 April 2020 |
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Court extended time to appeal after excluding days to procure judgment and accepting year-end vacation justified part of delay.
Land law — Extension of time to file appeal — Computation of limitation period — Section 19(1) Law of Limitation Act excludes time to procure judgment copy — discretionary extension where delay partly caused by year-end vacation and access to legal aid.
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20 April 2020 |
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Court confirmed taxed instruction fees and disbursements; EFD receipts not required for claims within statutory scales.
Advocates Remuneration Order 2015 – taxation of bills of costs – statutory scales and Taxing Officer’s discretion. Tax law – VAT Act s.29(1) and Tax Administration Act s.36(1) – issuance of EFD receipts and role of TRA. Evidence in taxation – when receipts/vouchers are required (disbursements; claims exceeding scale). Separation of functions – tax enforcement to TRA/Commissioner, not ordinary bill of costs references.
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20 April 2020 |
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Sale set aside for failure to prove statutory notices, lack of title transfer, misrepresentation, and undervaluation; plaintiff remains owner.
Land law – mortgage enforcement – mandatory 60‑day default notice and 14‑day auction notice; failure to tender notices/mortgage documents defeats sale; Auctioneers’ procedural compliance and misrepresentation of owner; sale below market value contrary to s.133(2) Land Act; bona fide purchaser protection under s.135 accrues only upon registration/transfer.
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20 April 2020 |
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A sale by one co-administrator without co-administrator's consent is unlawful; the applicant's registered title was void.
Land — Estate administration — Disposition of estate land by co-administrator — Sale by one co-administrator without consent invalid — Transfer and certificate obtained unlawfully — Person without good title cannot pass title.
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17 April 2020 |