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Citation
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Judgment date
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| August 2020 |
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Mortgagee lawfully exercised power of sale; purchasers bona fide and entitled to mesne profits; plaintiffs' suit dismissed.
Land law – mortgagee's power of sale; deed of settlement vs mortgage; requirement and service of statutory default notice; validity of public auction and advertisement; bona fide purchaser for value; entitlement to mesne profits.
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31 August 2020 |
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Extension of time granted where the applicant, not previously a party, acted promptly after learning of the tribunal decision.
Civil procedure – extension of time – discretion to grant extension where sufficient cause shown – prompt action after knowledge as sufficient cause. Public law – Attorney General’s role – right to seek audience/intervene to protect public property interests. Grounds for extension – illegality must be apparent on the face of the record to justify extension. Remedy – non-party may seek revision when not previously joined in tribunal proceedings.
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30 August 2020 |
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Appellate court allowed appeal, finding trial tribunal erred on ownership and jurisdiction; claimant failed to prove title.
Land law – ownership dispute over immovable property – burden of proof on claimant to establish title; Pecuniary jurisdiction – determined by substantive pleadings, not relief clause; Appeal – timeliness and admissibility of written submissions; Evidence – documentary consistency, death certificate implications, and weight of municipal land officer's testimony; Alias/identity issues in land transfers.
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28 August 2020 |
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Appellants failed to prove boundary; vendor's testimony upheld respondent's ownership; appeal dismissed with costs.
Land law – dispute over boundary and trespass; absence of boundary description in sale agreement and residential licences; vendor's testimony as best evidence on extent of parcel; appellate review of credibility and evaluation of evidence.
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27 August 2020 |
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The applicant's extension application was struck out because the supporting affidavit contained undisclosed hearsay and argumentative prayers.
Land — application for extension of time — supporting affidavit must disclose source of information — hearsay inadmissible where source not stated in verification clause — affidavits must not contain prayers or legal argument — expungement of offending paragraphs; striking affidavit when remaining material is insufficient.
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27 August 2020 |
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Court granted interim injunction preventing eviction pending trial, finding prima facie case and balance of convenience in applicant's favor.
Land law – interim injunction – Order XXXVII Rules 1(a) and 2(1) CPC; requirements from Atilio v Mbowe (prima facie case, irreparable injury, balance of convenience); dispute over ownership and Government Notice transferring land; adequacy of damages as alternative remedy; preservation of status quo pending trial.
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27 August 2020 |
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Waiting time for certified judgment copies is excluded from limitation; appeal time runs from certification date.
Land law — Extension of time to appeal; Limitation — exclusion of waiting time under section 19 Law of Limitation Act; Time to run from certification/ready-for-collection date of judgment/decree; Reliance on Court of Appeal authorities (Mawazo Saliboko; Samuel Emmanuel Fulgence).
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26 August 2020 |
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Extension application from Ward Tribunal struck out for citing incorrect statutory provision (incompetent).
Civil procedure – extension of time – incompetence due to wrong statutory citation (section 41(2) v. section 38(1) LDCA) – wrong citation renders application abortive and liable to be struck out. Practice – written submissions filed outside court-ordered schedule without leave are not considered. Rejoinder – impermissible when raising new matters and may be expunged.
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24 August 2020 |
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Appellant failed to prove ownership; concurrent tribunal findings on evidence upheld and appeal dismissed.
Land law – trespass – plaintiff’s burden to prove ownership; evidence and credibility determine outcome. Locus standi – capacity to be sued examined in context of complaint; plaintiff cannot attack defendant’s locus standi when he instituted suit in personal capacity. Evidence – concurrent findings on credibility and ownership by lower tribunals are binding absent demonstrable error. Procedural objections – late or disputed production of letters of administration do not displace trial findings based on evidence.
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20 August 2020 |
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Plaintiff may withdraw suit pre-judgment; counterclaim persists unless withdrawn; costs shared as agreed.
Civil procedure – Withdrawal of suit under Order XXIII CPC – Plaintiff’s right to withdraw pre-judgment – Counterclaim as separate proceeding – Costs where suit withdrawn – Professional courtesy between counsel.
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20 August 2020 |
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Leave to appeal struck out for wrong statutory citation in land dispute; applicant permitted to refile within 14 days.
Appellate procedure – leave to appeal – improper citation of enabling provisions – Section 5(2)(c) AJA inapplicable to District Land and Housing Tribunal matters – correct provisions: Section 47 Land Disputes Courts Act and Section 5(1)(c) AJA – wrong citation renders application defective and liable to be struck out; leave to refile permissible.
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18 August 2020 |
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An extension application citing the wrong statutory provision is incompetent and was struck out with no costs.
Land law — Extension of time to appeal — Correct statutory provision depends on whether DLHT sat in original or appellate jurisdiction; wrong citation (s.41(2) instead of s.38(1)) renders application incompetent and liable to be struck out.
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17 August 2020 |
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Extension of time granted to file leave to appeal due to prompt application and lack of inordinate delay.
Extension of time to file leave to appeal; alleged illegality must be apparent on face of record to be decisive; prompt refiling after withdrawal and absence of opposition may justify extension; Appellate Jurisdiction Act s.11(1); Law of Limitation Act s.14(1); Civil Procedure Code s.95.
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13 August 2020 |
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Illness of the applicants' sole advocate amounted to sufficient cause to set aside dismissal and restore the suit.
Civil procedure — Order IX Rule 9(1) CPC — Setting aside dismissal for want of prosecution; sufficiency of cause — illness of advocate; restoration of suit; limits of trial court on legality of dismissal on mention (Court of Appeal jurisdiction).
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13 August 2020 |
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Extension of time granted to applicant to file revision after promptly acting upon discovering a prior tribunal decision.
Civil procedure — Extension of time — Section 14(1) Law of Limitation Act — sufficient reasons required for extension. Revision — Remedy available to non-parties of earlier proceedings — competence to be determined when filed. Delay — short unexplained delay may not be inordinate where applicant was actively pursuing rights. Illegality — must be apparent on the face of the record to ground an extension.
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13 August 2020 |
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Adverse possession failed because occupiers were invitees; respondent held locus via special power of attorney; appeal dismissed.
Land law – adverse possession – long occupation versus invitee status; an invitee cannot acquire title by adverse possession. Locus standi – special power of attorney confers authority to sue where donor alive at filing. Evidence – appellate restraint on disturbing trial credibility findings; balance of probabilities standard.
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10 August 2020 |
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An application with vague or procedurally incoherent prayers is incompetent and will be struck out; no costs ordered.
Practice and procedure – competence of chamber summons – prayers must clearly state relief sought; omnibus or unclear prayers render application incompetent; court may strike out applications sua sponte; no costs where court raises competence issue.
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6 August 2020 |
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Appeal allowed: proceedings nullified due to misidentification and reliance on evidence not on the record; matter remitted for retrial.
Land law – ownership dispute – misidentification of party in proceedings and judgment – procedural irregularity rendering judgment nullity; Civil procedure – evidence relied upon must be on record ascribed to proper party; Tribunal procedure – assessors’ participation/recording and locus in quo inspection as potential procedural requirements; Remedy – nullification of proceedings and remittal for rehearing de novo.
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6 August 2020 |
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6 August 2020 |
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A person not formally appointed as executor or administrator lacks locus to set aside an ex‑parte judgment entered after a party’s death.
Land law – locus stand – application to set aside ex-parte judgment entered after party’s death – applicant must be lawfully appointed executor/administrator with proof of appointment; family meeting insufficient.
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5 August 2020 |
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Revision unavailable where a party had a right of appeal; applicant's revision dismissed as premature and incompetent.
Civil procedure — Revision under section 79(1) CPC — Revision unavailable where a right of appeal exists; proper remedy against dismissal of appeal is appeal to High Court — Application for extension of time at same tribunal after dismissal is premature.
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5 August 2020 |
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Appeal dismissed: new locus-stand issue not entertained; appellant failed to prove ownership, held to be an invitee.
Civil procedure – appeal – raising new issues on appeal – new issues not raised or decided below cannot be entertained for the first time on appeal. Land law – ownership v. invitee status – burden of proof on claimant to establish ownership on balance of probabilities (s.110 Evidence Act). Appellate review – affirmation of trial tribunal's findings where appellant fails to adduce cogent contrary evidence.
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3 August 2020 |
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Extension of time granted where non‑party discovered judgment late and diligently pursued remedies; alleged illegality not apparent on record.
Land law — extension of time to file revision — discretion to grant where sufficient cause shown; illegality must be apparent on the face of the record; non‑party discovery of judgment and diligence in pursuing remedies; right to be heard; adverse possession allegations.
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2 August 2020 |