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Citation
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Judgment date
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| October 2020 |
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Delay is computed from when the Ward Tribunal's judgment was ready for collection; extension granted as appellant filed promptly.
Land appeal — Extension of time — Computation of time starts when judgment is ready for collection — Ward Tribunal letter as proof of delay — Appellate review for erroneous evaluation of documentary evidence.
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19 October 2020 |
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Leave granted where disputed locus standi and adverse possession raise serious questions of law and fact.
Land law — Leave to appeal — Test for leave (BBC v Ng'amaryo) — Locus standi as representative (letters of administration) — Adverse possession and limitation — Assessment of evidence on appeal.
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16 October 2020 |
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Leave to appeal granted where locus standi and adverse possession raise serious, non-frivolous questions for the Court of Appeal.
Land law – leave to appeal under s.47 LDCA – test for leave (not frivolous/vexatious) – locus standi of representative litigant; production/admission of letters of administration; adverse possession/limitation – appellate review of mixed questions of law and fact.
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16 October 2020 |
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Extension of time application struck out for being brought under the wrong statutory provision.
Civil procedure – extension of time – application for leave to appeal – jurisdiction to extend time governed by section 11(1) of the Appellate Jurisdiction Act, not section 14(1) of the Law of Limitation Act. Procedure – improper statutory basis – application struck out for not being properly moved. Affidavit irregularity – misrepresentation of deponent’s status noted but not decisive.
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16 October 2020 |
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Extension of time granted to seek revision due to alleged illegality and denial of right to be heard.
Civil procedure – extension of time – illegality in impugned decision as sufficient cause for extension Right to be heard – settlement recorded in applicant’s absence may deny audi Review/revision – court duty to investigate alleged illegality even if time has lapsed Evidence – allegations of execution must be supported by factual deposition or documents
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16 October 2020 |
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Sale of mortgaged land set aside where lender failed to prove default, required notices, and purchaser lacked registration evidence.
Land law – mortgage as continuing guarantee – validity of guarantee and interpretation of "from time to time" clause. Banking law – overdraft facilities – requirement of demand note to establish default on overdraft. Evidence and procedure – admissibility and notice requirements for documentary evidence (Order 13 CPC) and proof of service of statutory notices. Land law – power of sale under mortgage; requirement of 60‑day statutory notice; protection of purchaser under section 135 of the Land Act accrues upon registration and proper notice.
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16 October 2020 |
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Sale under a power of mortgage set aside where lender failed to prove borrower default, notice/demand, and purchaser’s registration.
Land law – mortgage and continuing guarantee; admissibility of bank records and compliance with Order 13 (CPC); burden of proof under section 115 Evidence Act; overdraft requires demand to constitute default; statutory 60‑day notice for exercise of power of sale; protection of purchaser under section 135 Land Act accrues upon proved registration of transfer.
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16 October 2020 |
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Leave to appeal granted where appeal raises genuine factual issue whether sale documents were fabricated.
Land law – leave to appeal under section 47(1) LDCA – whether substantial issues exist warranting Court of Appeal’s attention; fabricated documents and allegations of fraudulent sale. Appellate procedure – test for leave: substantial issue required; frivolous or vexatious grounds to be refused.
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16 October 2020 |
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Plaint dismissed for failing to plead accrual date and to attach the sale agreement as required by Order VII CPC.
Civil procedure — Order VII r.1 CPC (pleading date of accrual of cause of action); Order VII r.14(1) CPC (production/attachment of documents constituting cause of action); sale agreement as document forming cause of action; procedural non‑compliance — striking out plaint with costs.
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16 October 2020 |
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Court dismissed suit for lack of jurisdiction because plaintiff refiled previously abandoned general damages without leave.
• Civil procedure – jurisdiction – court must assess jurisdiction from pleaded facts and reliefs; • Res judicata/abuse of process – multiplication of suits from same cause of action; • Abandonment of claims – abandoned general damages cannot be refiled as specific by mere quantification; • Requirement of leave under procedural rules before refiling reliefs arising from same cause of action.
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15 October 2020 |
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Attachment before judgment granted where respondent absent and assets being removed, to secure execution of any future decree.
Civil Procedure – Attachment before judgment (Order XXXVI Rules 6 and 7 CPC) – Where defendant absent/unlocatable and assets being removed after suit, court may order attachment to prevent frustrative disposition of property – Applicant’s uncontroverted affidavit and proof of attempts to remove property justify attachment.
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13 October 2020 |
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Chairman permissibly differed with assessors and relied on respondent's residential licence where appellant's sale documents were dubious.
Land law – assessors’ opinions – chairman may differ but must give reasons; Evidentiary weight of documents – questioned sale agreements vs registered residential licence; Ownership in surveyed areas – prima facie proof by registration/licence; Trial court’s discretion in evaluating witness evidence and documentary inconsistencies.
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12 October 2020 |
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Application to restore a dismissed appeal struck out for citing the wrong legal provision; written submissions could not cure the defect.
Civil procedure – Restoration of dismissed appeal – Proper provision is Order XXXIX Rule 19 – Wrong citation in Chamber Summons renders application incompetent. Civil procedure – Chamber Summons must cite correct enabling provision; written submissions cannot cure defective summons. Civil procedure – Section 95 CPC not available where specific provision exists.
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12 October 2020 |
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Temporary injunction against a municipal council struck out for non‑joinder of the Attorney General and statutory prohibition.
Government proceedings – Written Laws (Miscellaneous Amendments) Act 2020 – Local government authorities included under section 6(3). Joinder – Attorney General must be joined as necessary party in suits against government/local authorities after expiry of notice; non‑joinder vitiates proceedings (s6(4)). Interim relief – Order XXXVII, Rule 1 proviso bars granting temporary injunctions against the government; declaratory relief may be made instead. Procedure – competence of application where mandatory statutory requirements are unmet.
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12 October 2020 |
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A sale by one without administrator authority cannot transfer good title; plaintiff’s claim to the village land dismissed with costs.
Land law – ownership dispute over village land; sale by non‑administrator – inability to pass good title (nemo dat quod non habet); validity of village allocation procedure – forged minutes and procedural irregularities; locus in quo inspection; reliefs – dismissal and costs in favour of defendant.
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9 October 2020 |
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Mortgage procured by impersonation and bank negligence declared void; applicant declared owner, awarded damages and costs.
Land law – ownership of registered land – identity and impersonation in mortgage transactions – admissibility of tentative exhibits – bank negligence and failure of due diligence – mortgage void ab initio for fraud – assessment of damages and costs.
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9 October 2020 |
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Registrar's rectification nullified for denying the applicant the right to be heard contrary to s.99(1)(c).
Land registration — rectification under s.99(1)(f) — mandatory notification/consent under s.99(1)(c) — right to be heard — natural justice — rectification nullified where affected person not notified.
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7 October 2020 |
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Failure to file court-ordered written submissions amounted to failure to prosecute; extension application dismissed with costs.
Land law — Extension of time to appeal under Land Disputes Court Act and Limitation Act; Civil procedure — failure to file court-ordered written submissions equates to failure to prosecute; late submissions without leave are disregarded; dismissal for want of prosecution and costs.
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5 October 2020 |
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Application for restoration dismissed as time-barred and incompetent due to wrong statutory citation.
Civil procedure – restoration/readmission of dismissed appeal – correct provision is Order XXXIX, Rule 19 CPC. Civil procedure – proof of filing date – Exchequer Receipt (payment) determines filing date, not e-filing submission or registry stamp. Procedural competence – wrong statutory citation renders application incompetent.
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5 October 2020 |
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Letters of administration do not automatically override prior inheritance and long possession as proof of land ownership.
Land law — Ownership — Inheritance and possession — Effect of letters of administration — Administrator’s grant does not automatically confer ownership. Evidence — Weight and corroboration of witness testimony; insufficiency of uncorroborated admissions. Procedural impropriety — Reliance on irrelevant factors (land-size discrepancy, non-cross-examination) in deciding ownership. Relief — Setting aside lower tribunals’ judgments, declaration of ownership and order to vacate; costs awarded.
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5 October 2020 |
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Applicant failed to account for delay and alleged illegality was not apparent; extension of time dismissed with costs.
Land appeal procedure — extension of time to file appeal; requirement to attach judgment and decree under Order XXXIX, Rule 1 CPC; accounting for every day of delay; allegations of illegality must be apparent on face of record to justify extension; objections to affidavit conclusions should be raised as preliminary points; unpleaded financial hardship cannot be considered.
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5 October 2020 |
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Delay in obtaining tribunal copies and the applicant’s prompt action justified extension to file an appeal.
Extension of time — sufficient cause — delay in supply of tribunal judgment/decree — lay litigant’s diligence — tribunal records as prima facie evidence of delay.
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5 October 2020 |
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Stay application dismissed as overtaken by events after court granted extension of time to file appeal.
Civil Procedure — Stay of execution under Order XXI r.24(1) — Application dependent on pending extension of time to appeal — Doctrine of being overtaken by events; stay dismissed as superfluous.
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5 October 2020 |
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Temporary injunction pending appeal dismissed for failure to show prima facie case, irreparable harm and balance of convenience.
Land — interlocutory relief — application for temporary injunction pending appeal; Civil procedure — effect of failure to file counter-affidavit: deemed not to contest factual allegations but does not preclude contesting merits; Injunctions — Atilio Mbowe test: prima facie case, irreparable injury, balance of convenience; Judicial discretion — exercise requires demonstration of mandatory conditions.
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2 October 2020 |
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Hospital medical evidence of illness justified extension of time to appeal; application granted and appeal to be filed within 20 days.
Civil procedure – Extension of time – Whether sufficient cause exists to extend time to appeal – Medical incapacity as sufficient cause where supported by credible hospital report. Evidence – Affidavit versus submissions – Factual assertions must be supported by affidavit evidence; submissions cannot substitute evidential foundation. Timeliness – Prompt filing after recovery strengthens claim for extension of time.
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2 October 2020 |
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Non-joinder of a necessary party is an illegality justifying extension of time to appeal.
Land law – extension of time – illegality as sufficient cause – non-joinder of a necessary party renders proceedings null and void – First appellate tribunal entitled to inquire and correct.
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2 October 2020 |
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Failure to state accrual date and to attach the sale agreement rendered the plaint incurably defective; suit struck out with costs.
Civil procedure – Order VII rule 1 CPC – requirement to disclose date of accrual of cause of action; Civil procedure – Order VII rule 14(1) CPC – duty to produce and attach documents constituting cause of action; Land sale – failure to attach sale agreement and specify payment terms renders plaint defective; Preliminary objections – verification clause objection unnecessary once mandatory non-compliance established.
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2 October 2020 |
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Extension of time granted: bona fide prosecution of prior appeal and interest of justice justified further extension.
Civil procedure – Extension of time – bona fide prosecution of previous appeal as sufficient cause under section 21, Law of Limitation Act. Procedural law – Functus officio – prior grant of extension does not preclude fresh application for delay arising thereafter. Land Disputes Courts Act – section 51(1)(b) – relaxation of strict procedure in interest of justice for unrepresented litigant.
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2 October 2020 |
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An omnibus application improperly combining incompatible prayers (abatement, joinder, injunction) is incompetent and was struck out with costs.
Civil procedure – omnibus/chamber application – combining multiple prayers – incompatibility of reliefs – competence of combined proceedings. Abatement – setting aside abatement and restoration of suit as prerequisite to joinder and interim relief. Interlocutory relief – joinder and temporary injunction – dependency on restoration of abated proceedings.
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2 October 2020 |
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Failure to consider uncontested medical evidence and prima facie illegality justified extension of time to appeal.
Land procedure – Extension of time to appeal – Applicant alleging sickness supported by medical chits – Tribunal’s duty to consider and address affidavit evidence and give reasons. Evidence – Uncontested medical records and affidavit averments – failure to consider amounts to misdirection. Appealability – Prima facie illegality (certificate of title) in intended appeal can justify extension of time.
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2 October 2020 |
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High Court granted extension after finding tribunal failed to consider medical evidence and arguable illegality in intended appeal.
Civil procedure – Extension of time to appeal – applicant’s sickness and supporting medical records – tribunal’s duty to consider affidavit averments and exhibits and to give reasons. Presence of arguable illegality in intended appeal as ground for extension of time. Remedy: setting aside tribunal ruling and substituting order granting extension.
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2 October 2020 |
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Preliminary objections to an extension-of-time application were dismissed; statutory basis valid and power-of-attorney issue not a proper preliminary objection.
Civil procedure – preliminary objections – correctness of statutory provision for extension of time (s.52 Land Disputes Courts Act; s.14 Limitation Act) – objection on wrong provision dismissed. Civil procedure – interlocutory objection on remedy (appeal vs revision) premature when only extension of time is sought. Civil procedure – locus standi and power of attorney – non-annexation is a factual matter not appropriate for a preliminary objection (Mukisa Biscuits principle).
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2 October 2020 |
| September 2020 |
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Revision court remitted execution matter for proper inquiry where tribunal granted possession without addressing non-parties' claims.
Land – Execution of decree – Order XXI r.95 CPC – Persons resisting delivery of possession during execution – Executing tribunal must investigate objections of non-parties claiming rights in decretal property; Connected proceedings and multiplicity of suits – need for tribunal to determine objection/ownership applications during execution process.
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30 September 2020 |
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Failure to account for delay or show an apparent illegality justified dismissal of the extension application.
Land — Extension of time to file appeal; requirement to account for each day of delay; negligence of counsel not sufficient cause; alleged illegality (absence of assessors, non-joinder) must be apparent on face of record to justify extension.
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29 September 2020 |
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Administrator’s sale upheld despite alleged forgery; purchaser must pay balance and one-quarter encumbrance before possession.
Land law – sale by administrator – validity of transfer despite absence of beneficiaries' consent; Probate law – succession claims and shares fall within probate court jurisdiction; Evidence – admissibility of contested documents and alleged forged affidavits; Registrations – caveat validity (one-year effect) and effect on subsequent transfer; Equitable encumbrance – prior probate order creates enforceable share against purchaser.
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29 September 2020 |
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Administrator holding registered titles is prima facie owner; revocation invalid for lack of good cause and procedural defects.
Land registration – Certificates of Title as prima facie (and conclusive) proof of ownership under land titles system; Revocation of right of occupancy – statutory grounds for 'good cause' (s45, s45(2A) Land Act); Procedure for revocation – requirements of notice, opportunity to remedy and 90-day notice (ss47–48 Land Act); Administrative fact-finding – weight of Regional Commissioner’s field inquiry and absence of contrary evidence.
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28 September 2020 |
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Appellate court upheld ownership found from unchallenged collection of customary fees and ruled locus inspections unnecessary absent boundary dispute.
Land law – proof of ownership – evidential value of customary lease collections ("ngoto") as indicator of proprietary interest. Civil procedure – locus in quo inspections – visitation not mandatory absent boundary or factual disputes. Burden and standard of proof – balance of probabilities and credibility assessment where documentary title absent.
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28 September 2020 |
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Whether a previously served 30-day statutory notice remains valid for a subsequent High Court suit.
Local Government (Urban Authorities) Act s106 – statutory 30-day notice – validity and lifespan of notice – effect on competence of suit Civil procedure – preliminary objection – point of law when existence of document (notice) is determinative Order XIV Rule 1 CPC – framing of issues: not applicable to statutory notice validity question
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28 September 2020 |
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Delay in obtaining certified judgment and prompt follow-up constituted sufficient cause to extend time to appeal.
Land law – Extension of time – Section 41(2) Land Disputes Courts Act; delay in obtaining certified judgment/decree; applicant's diligence and prompt filing; ex parte proceedings.
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28 September 2020 |
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A director cannot be sued personally for company contracts unless the corporate veil is properly pierced.
Corporate personality – separate legal entity – lifting/piercing the corporate veil – requirement for pleadings and particulars of fraud or sham – misjoinder/wrong party – preliminary objection in Written Statement of Defence – eviction claim grounded on company contract.
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25 September 2020 |
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Court allowed correction of a typographical block-number error in a typed judgment under section 96 CPC; time-bar objection dismissed.
Civil Procedure – Correction of judgments – Section 96 CPC – typographical/slip errors – rectification of typed judgment from "B" to "8". Limitation – applicability of Law of Limitation to correction of typographical errors – not applicable where slip may be corrected informally. Review vs rectification – error on face of record versus slip of the pen – court may correct pure typographical errors without review.
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25 September 2020 |
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Plaintiffs proved ownership of land at Mbwawa; defendant’s titles cover Vikuruti; independent survey ordered to determine any encroachment.
Land dispute — location of disputed parcel (Mbwawa v Vikuruti) — proof of ownership by oral evidence and valuation report — inadmissibility/weight of inconsistent sale agreement — certificates of title limited to Vikuruti — independent survey by Director of Survey and Mapping ordered to determine encroachment and amend titles.
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25 September 2020 |
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Plaintiff proved title by 1985 sale and long possession; defendant’s purported allocation set aside and injunction granted.
Land law – proof of ownership by sale agreement and long possession; Evidentiary value of official searches and municipal/ministry records; Civil procedure – defective verification of pleadings; striking out Written Statement of Defence and counterclaim under Order VI Rule 14 CPC; Reliefs – declaratory judgment, nullification of purported allocation, perpetual injunction, costs; No award of general damages for lack of evidence.
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25 September 2020 |
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Delay to file a defence beyond statutory and grace periods cannot be excused by financial hardship.
Civil procedure — Extension of time to file written statement of defence — Order VIII r.1(1) and r.1(3) CPC — Calculation of time excluding date of service — Seven‑day grace period for applications — Financial hardship not "good cause" — Application filed out of time — Dismissal and ex parte proceedings.
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25 September 2020 |
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Mortgage of a matrimonial house without the spouse’s consent is void; bank failed to prove consent.
Land law – Matrimonial home – Requirement of spouse consent for alienation or mortgage – Law of Marriage Act s.59(1) and Land Act s.114(1), s.141 & s.142 – Evidence burden on mortgagee to prove consent or justification – Mortgage void for lack of spouse consent – Injunctive relief and costs.
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25 September 2020 |
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An unprocedural locus visit and misapplication of discretion warranted restoration of the dismissed appeal.
Procedure – Restoration of dismissed appeal – Application to set aside dismissal – Requirement to show "sufficient/good cause" for non-appearance. Procedure – Locus in quo/site visit – Tribunal not entitled to determine merits on its own motion during restoration proceedings without hearing parties. Discretion – Proper exercise of judicial discretion – courts to adopt a humane approach to bona fide mistakes to avoid denial of hearing on merits.
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25 September 2020 |
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High Court grants leave to appeal where prima facie questions arise over validity of a trustees' sale of land.
Civil procedure – Leave to appeal – Court will normally grant leave where prima facie grounds merit serious judicial consideration (Sango Bay Estates principle). Land law – Validity of sale of registered land – Effect of absence of sale agreement naming registered trustees, lack of trustees' resolution or power of attorney, and authority of local leadership to sell. Appellate procedure – Competency of appeal where only one tribunal respondent appeals while another remains as respondent. Relief – Leave to appeal granted; no order as to costs.
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25 September 2020 |
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Applicant's registered title prevails; respondent's unproven sale agreement fails; injunction and costs awarded to applicant.
Land law – registered title as paramount evidence of ownership – insufficiency of uncorroborated sale agreement and village verification to displace title – trespass – declaratory relief, permanent injunction and costs.
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25 September 2020 |
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Whether a Ward Tribunal's erroneous statutory citation caused failure of justice and whether an unrecorded retrial order is valid.
Land disputes — Ward Tribunal irregular citation of statutory provision — Section 45 Land Disputes Courts Act (no reversal unless error occasioned failure of justice) — Overriding objective and substantive justice — Appellate decree must reflect orders pronounced in judgment — Order of retrial absent from judgment is fatal.
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24 September 2020 |
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A judgment-debtor cannot be imprisoned absent evidence of bad faith beyond mere non-payment under Order XXI r.39(2).
Order XXI, r.39(2) – Civil imprisonment of judgment-debtor – statutory preconditions: transfer/concealment of assets; undue preference; refusal to pay despite means; likelihood of absconding; requirement of bad faith beyond mere default; evidentiary necessity and insufficiency of written submissions in absence of counter-affidavit; service by publication and ex parte procedure.
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23 September 2020 |