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Citation
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Judgment date
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| April 2020 |
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Plaintiff failed to prove title or comply with pleadings; suit dismissed for lack of evidential foundation.
Land law – ownership dispute over unsurveyed land – burden of proof to establish root of title and ownership. Civil procedure – pleadings and evidence – compliance with Order VI r 7 CPC; evidence inconsistent with pleadings is unworthy of consideration
Evidence – effect of a lower tribunal judgment invalidated on appeal; section 42 Evidence Act limits reliance on such decisions
Possession – long continuous possession evidence by descendants supporting title claim
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17 April 2020 |
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Registered title and surrender documentation defeat an unverified private purchaser’s claim; buyer’s failure to search bars compensation.
Land law – proof of ownership of registered land requires Certificate of Title – burden of proof on claimant; Surrender of land to the State effective where evidenced by deed and official records; Buyer’s duty to search (caveat emptor) – failure to search / lack of title defeats claim; Special damages must be specifically pleaded and strictly proved.
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17 April 2020 |
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Review challenging dismissal of preliminary objections dismissed as interlocutory and not reviewable under section 78(2).
Civil Procedure – Review (Order XLII) – Review not competent against preliminary or interlocutory orders unless they finally determine the suit (s.78(2) CPC). Procedural law – Form of memorandum of review – must comply with Order XLII r.3 and Order XXXIX r.1(1)-(2)
Reviewability – Allegations of fraud or manifest error do not render interlocutory ruling reviewable where it did not finally determine the suit. Scope of review – Reliefs must arise from errors on the face of the record; matters external to the record are not remedied by review
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17 April 2020 |
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Applicant granted limited supervised 14‑day access to premises to collect official documents; broader injunctions refused.
Civil procedure – interlocutory relief — section 2(3) JALA and received law; Order XXIII Rule 1(3) CPC — effect of prior withdrawal without leave; affidavits — expunction of argumentative paragraphs and jurat defects; interim injunctions — Attilio tripartite test; mandatory injunctions and access to premises; Mareva jurisdiction as part of received law.
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14 April 2020 |
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Tribunal’s failure to join a necessary municipal party and its introduction of new execution relief were quashed and remitted for retrial.
Land law — Execution proceedings — Tribunal ordering municipal council to value and compensate despite non-joinder; necessary party doctrine; material irregularity vitiating proceedings; High Court revision under s.43 LDCA; waiver of statutory notice to add party.
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14 April 2020 |
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Affidavit with undifferentiated verification (knowledge vs information) is defective; application for extension dismissed.
Land law – extension of time – affidavit requirements – Order XIX Rule 3 CPC – verification must distinguish personal knowledge from information and disclose sources; affidavit tainted with falsehood is inadmissible; Article 107A(2)(e) does not permit ignoring fundamental procedural defects.
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14 April 2020 |
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Failure to state in the jurat whether the deponent was known or identified renders an affidavit incurably defective.
Oaths and Statutory Declarations Act s.10 — jurat must state whether deponent is personally known to Commissioner for Oaths or identified to Commissioner
Affidavit — jurat omission as substantive defect — incurably defective / nullity. Civil procedure — preliminary objection — inability to cure mandatory jurat defect by overriding principle
Relief — application struck out; fresh application may be filed
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14 April 2020 |
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Leave to appeal granted as novel questions on applicability of pre‑reform land authorities require Court of Appeal guidance.
Land law — leave to appeal under s.47(1) Land Disputes Courts Act; applicability of pre‑reform authorities to current land laws; whether customary ownership is extinguished when land is declared a planning area, surveyed and allocated; novel question of law requiring Court of Appeal guidance.
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9 April 2020 |
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Leave to appeal granted where alleged illegality in ex parte proceedings denied applicant right to be heard.
Land procedure – leave to appeal under section 47(1) Land Courts Disputes Act – ex parte proceedings – service of summons – right to be heard – illegality as ground for leave to appeal.
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9 April 2020 |
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A non-party cannot nullify a recorded consent settlement by fresh suit; objection must be filed in the originating court.
Civil procedure – jurisdiction – challenge to consent settlement recorded under Order XXIII r.3 CPC – appropriateness of fresh suit versus objection proceedings under Order XXI r.57. Execution proceedings – attachment of property – rights of third parties and investigatory powers of the court under Order XXI r.57 CPC. Consent judgments and recorded deeds – comity between divisions of the High Court and finality of recorded settlements. Allegations of fraud – necessity of pleading particulars and proper remedy in originating court
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9 April 2020 |
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Late submissions filed without leave may be disregarded, leading to dismissal of preliminary objections for want of prosecution.
Civil procedure – preliminary objection – competence of documents – requirement for drawer's name and address under Advocates Act s.44(2); Civil procedure – consequences of non-compliance with court orders – written submissions filed out of time without leave may be disregarded; Failure to prosecute – late filing equated to failure to appear and may lead to dismissal of objections.
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6 April 2020 |
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Applicant failed to establish prima facie case, balance of convenience, or irreparable harm; injunction refused and application dismissed with costs.
Civil procedure – Temporary injunctions – Requirements: prima facie case, balance of convenience, irreparable injury – Atilio v Mbowe/American Cyanamid principles
Mortgages – Sale of mortgaged property – Necessity of proper default notices and publication when personal service fails. Banking law – Protection of creditor’s interest and public interest in recovery of loans; prejudice to bank from interlocutory stay. Discretionary relief – Injunction refused where debtor admitted default and procedural requirements for sale were met
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6 April 2020 |
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Applicant failed to prove sufficient cause for extension of time; application struck out as premature and unsupported.
Land law — extension of time to appeal — discretion under section 41(2) Land Disputes Courts Act — sufficient cause required; Limitation law — computation of appeal period — section 19(2) Law of Limitation Act; procedural law — facts must be pleaded in affidavit; negligence/inaction is not sufficient cause.
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6 April 2020 |
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Objection to attachment dismissed for failing to prove the registered plot was the land subject to the decree.
Civil Procedure – Order XXI r.57 CPC – Objection to attachment – Objector must prove interest or possession at date of attachment
Evidence – Requirement to establish nexus between registered title and land described in decree before vacating execution
Locus – Power of attorney to transfer property includes authority to commence or defend proceedings related to that transfer
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6 April 2020 |
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A non‑party lacks locus to seek review; application for extension of time struck out as incompetent and res judicata.
Civil Procedure — Review jurisdiction (Order XLII CPC) — Locus standi — Non‑party cannot apply for review; Extension of time requires competence to pursue the intended remedy; Res judicata and conclusive effect of objection order (Order XXI r.62 CPC).
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6 April 2020 |
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Applicants who accepted compensation and vacated land cannot later challenge the valuation without proof of underpayment.
Land acquisition – valuation and compensation – participation of landowners in valuation – use of government valuation rates – requirement to tender evidence for subsequent re-valuation – estoppel after acceptance of compensation.
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3 April 2020 |
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An eviction without serving the statutory one-month notice is unlawful; personal hardship does not justify non-compliance.
Land law – landlord and tenant – eviction – requirement to serve one-month notice where rent unpaid (Land Act, s.88(2)(b)(i)) – eviction without statutory notice unlawful. Civil procedure – timeliness of appellate written submissions – certification by tribunal establishes timely filing. Equity versus statutory compliance – personal hardship does not excuse non-compliance with eviction procedures
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1 April 2020 |