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Citation
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Judgment date
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| September 2020 |
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Failure to obtain individual written opinions of tribunal assessors under regulation 19(2) vitiates proceedings and warrants retrial.
Land disputes — District Land and Housing Tribunal — Assessors' participation — Regulation 19(2) GN.174/2003 — requirement for each assessor to give individual written opinion before judgment — joint opinion/absence of written opinions invalid — proceedings vitiated and retrial ordered.
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8 September 2020 |
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An appeal against a bill of costs is incompetent; the proper remedy is a reference under the Advocate Remuneration Order.
Advocate Remuneration Order, 2015 – bills of costs – Order 7 requires reference to High Court judge by chamber summons and affidavit within 21 days. Procedural competence – appeal by memorandum against bill of costs is misconceived; statutory reference is the proper remedy. Incompetent proceedings – failure to follow prescribed procedure renders appeal liable to be struck out with costs
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7 September 2020 |
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Reference dismissed: new jurisdictional and substantive complaints not raised at taxation cannot overturn the Taxing Master’s award.
Civil procedure – Taxation of bills of costs – Whether taxation is barred by pending appeal – Notice of appeal withdrawn prior to taxation negates jurisdictional bar. Civil procedure – Reference against Taxing Master – New issues not raised at taxation cannot be raised on reference
Costs – Discretion of Taxing Master – General complaints without itemized challenge insufficient to upset taxation award
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7 September 2020 |
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Appellant proved allocation and payment; tribunal decision set aside and appellant declared lawful owner.
Land law – allocation of village land; proof of payment and allocation – credibility of oral evidence (village secretary and council member); failure to produce documentary evidence of prior ownership; appellate review of tribunal findings; equitable contribution for social development fees and award of costs.
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7 September 2020 |
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The applicant proved allocation and payment; tribunal’s contrary finding was unwarranted and the appeal was allowed.
Land law – allocation and proof of payment – credibility of oral testimony by village officials – uncorroborated family ownership claims insufficient to defeat allocation
Evidence – assessment of oral evidence and inconsistencies in defence – burden on respondent to prove competing ownership
Relief – setting aside tribunal’s judgment and declaring lawful ownership; contribution to village social development fee
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7 September 2020 |
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Court adjusted a decree by consent and ordered the Land Registry transfer entry struck off, reverting title to the prior owner.
Civil Procedure – Order XXI, Rule 2(1) & (2) – Recording payment or adjustment of a decree where decree-holder certifies or judgment debtor applies; court to record adjustment.* Land law – correction of Land Register – striking off entry following court-ordered adjustment of decree and reversion of title.* Execution – adjustment of decree by consent and effect on registered title.
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7 September 2020 |
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An invitee cannot acquire title by adverse possession where they fail to prove ownership; appeal dismissed with costs.
Land law – adverse possession – invitee cannot acquire ownership by mere occupation; Evidence – burden on balance of probabilities (Hemed Said principle); Civil procedure – no new evidence on appeal, annexures expunged; Appeals – procedural irregularities not raised at trial cannot be entertained on second appeal; Filing – limited leniency for late submissions by lay litigant during COVID-19.
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7 September 2020 |
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Court granted extension to file reference, finding 13‑day delay excusable and good cause shown.
Civil procedure — extension of time; 'good cause' discretionary and relative; withdrawal with leave to refile to correct defects; 13‑day delay not inordinate; applicant given 30 days to file reference; costs to follow cause.
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7 September 2020 |
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Applicant failed to demonstrate sufficient cause for extension of time to appeal; application dismissed with costs.
Land law – extension of time to appeal under section 41(2) LDCA; sufficiency of cause required for extension; illness and alleged illegality as grounds. Civil procedure – discretion to grant extension: factors include length of delay, reasons, and prejudice (Mumello; Henry Leonard Maeda)
Evidence – need to account for each day of delay and provide documentary support for claimed obstacles; failure is fatal (Lyamuya). Abuse of process – repeated incompetent applications and unexplained gaps may justify refusal of extension
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7 September 2020 |
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Lay client's extension of time granted where advocate's negligence caused delay; 45 days allowed to file appeal.
Land law — extension of time to file appeal under s.38(1) LDCA — negligence of advocate — lay client not automatically penalised — duty to account for delay — prospects of success — costs to follow cause.
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7 September 2020 |
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Applicant granted 30 days to appeal; late respondent submissions filed without leave were expunged.
Civil procedure – extension of time to file appeal – technical delay where notice of appeal initially lodged in time – extension appropriate
Procedure – compliance with court-ordered timeframes for written submissions – late submissions filed without leave are expunged
Precedent – Fortunatus Masha distinction between technical and real delays applied
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4 September 2020 |
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Suit struck out for incompetence because administratix lacked letters of administration when instituting proceedings.
Civil procedure – locus standi – Administrators and letters of administration – Authority to sue must exist when suit is instituted; post-filing grant of letters cannot retrospectively cure incompetence; preliminary objection disposing of suit.
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4 September 2020 |
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Revision under section 43(1)(b) LDC Act was proper and the application was timely under the Limitation Act.
Land — Revision jurisdiction — Proper procedure to challenge Taxing Officer's orders: section 43(1)(b) LDC Act for pending bill rulings; Order 7(1) Advocates Remuneration Order for decisions of the Taxing Officer — Limitation: Item 21 Part III Limitation Act (60 days) applicable where no specific period provided.
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4 September 2020 |
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Failure to have assessors give and read their opinions vitiates tribunal proceedings and warrants quashing the judgment.
Administrative law – Land Disputes Courts Act s.23(2) and Regulation 19(2) – requirement that assessors give written opinions and those opinions be read to parties before judgment; Procedure – failure of assessors to participate or have opinions read is a fatal irregularity vitiating tribunal proceedings; Revisionary powers – s.43(1)(b) invoked to nullify proceedings and quash judgment.
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4 September 2020 |
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Failure to plead mandatory particulars of fraud is fatal; plaint struck out and amendment refused.
Civil Procedure – pleadings – particulars of fraud – Order VI r.17, Civil Procedure Code Cap.33 R.E.2019 – mandatory requirement – non‑compliance fatal – amendment not permitted after point raised – overriding objective not available to cure.
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4 September 2020 |
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Failure to serve a statutory notice specifying the basis of claim under s.6(2) renders a suit against the Government incompetent.
Government Proceedings Act, s.6(2) – mandatory statutory notice – claimant must specify basis of claim and wrong alleged against Government/officer. Compliance with notice – deficiency in specifying nature/basis of claim renders suit premature. Non-joinder/necessary party – omission or defective impleading of a necessary party is fatal to the suit. Procedural maintainability – failure to comply with statutory pre-suit requirements leads to striking out the suit
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4 September 2020 |
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Leave to appeal refused where High Court addressed alleged errors and statutory remedies for rectification/compensation exist.
Civil procedure — Leave to appeal to Court of Appeal — requirement of arguable/meritorious appeal or point of law of general importance. Land law — Rectification of land register — remedy for affected parties under Land Act s.100 and Land Registration Act (indemnification and appeal). Administrative action — Registrar of Titles executing High Court order — proper basis for rectification. Procedural fairness — alleged condemnation unheard — adequacy of remedy and whether it vitiates entire proceedings
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4 September 2020 |
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Extension of time granted to challenge land revocation due to lack of notice and demonstrated diligence.
Land law – judicial review – extension of time to file certiorari – service of notices and revocation documents – accounting for delay – Lyamuya criteria – misplaced filing and advocate follow-up accepted as diligence.
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4 September 2020 |
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Plaintiff's sold-by-agreement evidence extinguished his interest so his suit lacked locus standi; counterclaim struck out.
Civil procedure — locus standi and prima facie case — effect of written sale agreement (EXP4) showing performance and sale free from encumbrances; counterclaim — Order VIII r.12 CPC — counterclaim requiring separate suit where other claimants exist; costs awarded to successful defendants.
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1 September 2020 |
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Appeal dismissed: appellants failed to prove absence from jurisdiction and procedural objection was raised too late.
Land procedure – substituted service by publication – proof of absence from jurisdiction; burden of proof in civil matters – he who alleges must prove; Notaries Public and Commissioners for Oaths Act s.7 – advocate attesting affidavits; procedural objections raised for first time on appeal; setting aside ex-parte judgment and extension of time.
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1 September 2020 |
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Uncorroborated sale agreement insufficient; respondent's long possession proved ownership and appeal dismissed.
Land law – proof of title – allocation and long possession as evidence of ownership; Evidence – credibility and corroboration – weight of neighbour testimony versus uncorroborated sale agreement; Disposition of land – requirement to call corroborative witnesses to support written agreement.
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1 September 2020 |
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Failure to obtain and read assessors' opinions vitiated the appellate tribunal’s proceedings, warranting retrial de novo.
Land law – Procedure of District Land and Housing Tribunal – mandatory participation of assessors and requirement to record and read assessors' opinions before judgment (s.23(2) Courts (Land Disputes Settlement) Act; Reg.19(2) Regulations). Civil procedure – Fundamental procedural irregularity – failure to accord assessors opportunity to give opinion vitiates proceedings and judgment
Appeal – matter remitted for trial de novo where procedural defect goes to root of case
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1 September 2020 |