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Citation
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Judgment date
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| January 2022 |
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Wrong citation of the enabling law that affects tribunal competence is fatal and not cured by the overriding-objective principle.
Land procedure – application to set aside ex parte judgment – competence and correct citation of enabling law required. Civil procedure – distinction between citing wrong provision and citing wrong law – wrong law equals non-citation and incompetence. Overriding-objective doctrine (sections 3A & 3B AJA) – aids substantive justice but cannot circumvent mandatory jurisdictional rules. Article 107A(2)(e) – does not remedy defects that go to the root of competence
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31 January 2022 |
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The overriding‑objective doctrine cannot save an incompetent application caused by wrong or absent citation of the enabling law.
Land procedure – competence of application – wrong or absent citation of enabling law – tribunal not properly moved – application incompetent; Civil procedure – overriding objective (sections 3A, 3B AJA) cannot cure mandatory procedural defects; Constitutional provision Article 107A(2)(e) – technicalities vs defects going to root of matter.
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31 January 2022 |
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Appellate court upheld tribunal's ownership finding, rejecting challenges to admitted evidence and holding locus visits are not mandatory.
Land law — ownership dispute; admissibility and weight of documents — trial chairperson's evidentiary rulings not lightly disturbed on appeal; locus in quo/site visit — not mandatory where ownership, not boundaries or dimensions, is in issue; burden of proof — claimant must prove ownership.
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31 January 2022 |
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Application to suspend execution over alleged matrimonial/residential property dismissed as property already released from attachment.
Execution — Attachment of property — Section 48(1)(e) Civil Procedure Code — Residential/matrimonial home exemption — Mootness/overtaken-by-events where prior court order released property from attachment — Decretal recovery without involving released property.
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31 January 2022 |
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Failure to involve a land surveyor in a boundary dispute rendered tribunal findings unreliable and led to quashing and remittal.
Land law – boundary disputes – necessity of land surveyor when unsanctioned boundary adjustments are contested. Civil procedure – appellate review – limits of second appeal; new grounds not raised earlier cannot be entertained
Evidence – admission and evaluation of Certificate of Occupancy and sketch map in boundary disputes
Remedies – quashing of proceedings and remittal for retrial where expert input is absent and findings are unreliable
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31 January 2022 |
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A suit cannot substitute for revision; plaintiffs must seek revision to impeach Tribunal decisions.
Civil procedure – Competence of suit – Proper remedy to impeach subordinate court’s decision is revision under section 79(1)(c) CPC; Suit not substitute for revision; Preliminary objection based on jurisdiction is a point of law; Mukisa Biscuits principle applicable.
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31 January 2022 |
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Application for extension of time dismissed: insufficient cause; counsel's negligence and alleged technical delay not excusable.
Civil procedure – extension of time – requirement of sufficient cause; negligence of counsel not valid ground. Appeal procedure – technical delay distinguished from failure to appeal within time. Electronic filing – status of e-filed documents and point of filing/acceptance. Res judicata/functus officio – previously determined illegality cannot be re-litigated before same court
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31 January 2022 |
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Appellate court ordered retrial due to hearsay evidence under power of attorney and a defective, inadequately recorded locus in quo visit.
Land law – ownership dispute – evidence by donee under power of attorney treated as hearsay if principal absent; locus in quo visit – proper conduct and record essential; survey and municipal evidence must be considered; irregular proceedings warrant retrial.
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31 January 2022 |
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Appeal allowed: claim for recovery of land was not time-barred; District Tribunal’s reversal quashed and Ward Tribunal judgment restored.
Land law – Limitation of actions for recovery of land – Whether suit was time-barred where plaintiff discovered trespass in 2016 and suit filed in 2020 – Applicability of Limitation Act vs GN No.311 – Overriding objective to cure incorrect citation – Adverse possession not established – Adequacy of reasons in appellate judgment.
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31 January 2022 |
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A minor misspelling of a party's name in execution proceedings does not justify revision absent failure of justice.
Land law — procedural irregularity — misnomer in tribunal proceedings; Land Disputes Courts Act s.45 — error not grounds for revision unless it occasions failure of justice; Execution proceedings — effect of typographical name errors; Participation in proceedings — implication for prejudice and standing.
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31 January 2022 |
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Second appeal dismissed: new grounds not entertained and alleged defective decree should have been reviewed at the appellate tribunal.
Civil procedure – Appeal — second appeal — new grounds not raised at first appellate level cannot be entertained on second appeal. Civil procedure – Remedies — defective decree — appropriate remedy is review at the tribunal that issued it. Res judicata — requirements and applicability to repeated proceedings
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31 January 2022 |
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Applicant failed to prove sufficient cause for about 220-day delay; extension of time to appeal denied with costs.
Civil procedure – Extension of time – Applicant must show good cause and account for each day of delay (Lyamuya test)
Representation – Alleged impersonation of an advocate does not automatically establish sufficient cause without corroborative evidence
Proof – Affidavits must be supported by documentary evidence where available; inordinate unexplained delay disentitles relief
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28 January 2022 |
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Court allowed belated admission of documents after discovering an already-filed list, invoking the overriding principle and inherent powers.
Civil procedure – admission of documents not annexed to pleadings – application under Order VII rr.18(1)&(2) and Order XII r.2 – requirement to show reasons for non-production – functus officio doctrine – court’s inherent powers and overriding principle (section 3A CPC) to revisit earlier orders upon discovery of material documents on court file.
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28 January 2022 |
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Denial of a party’s opportunity to defend breaches the right to fair hearing and nullifies tribunal proceedings.
Constitutional law – Right to fair hearing – Denial of opportunity to defend at Ward Tribunal – Breach of Articles 13(1) and 6(a) – Proceedings and judgments rendered nullities. Civil procedure – Appellate review – Irregularity in trial procedure cannot be cured where natural justice violated – quashment and status quo ante; fresh suit permitted
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28 January 2022 |
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Revocation of a right of occupancy quashed for breach of natural justice and failure to follow statutory revocation procedures.
Administrative law – Judicial review – revocation of right of occupancy; breach of natural justice (failure to hear); non-compliance with Land Act revocation procedures (notices, abandonment, rent recovery); defective proof of service by post; certiorari to quash flawed administrative action.
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28 January 2022 |
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Appellate court set aside DLHT’s perfunctory dismissal and improper eviction order, restoring the appeal for rehearing before a new chair.
Land law – Appeal restoration under Regulation 11(1)(b) & 11(2) – Dismissal for non‑appearance – "Sufficient cause" standard – Tribunal’s duty to give reasoned decisions – Improper issuance of eviction/execution orders in an application to set aside dismissal – Section 42 powers to consider records and remit for rehearing.
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27 January 2022 |
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Court held differing name spellings referred to same deceased owner and set aside a fraudulent mortgage, discharging the title.
Land law – identity and ownership – whether differing name spellings denote same person; mortgage law – impersonation and insufficiency of bank due diligence; validity of mortgage – fraud/nullity ab initio; reliefs – discharge of mortgage and rectification of title; purchaser’s cause of action.
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27 January 2022 |
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Extension granted where prior technical application was struck out and time excluded under Law of Limitation s.21(2).
Civil procedure — Extension of time — Applicant must show good cause — technical delay may constitute good cause
Law of Limitation Act s.21(2) — Time spent prosecuting prior application excluded where application was struck out. Appellate procedure — Extension sought for filing notice and application for leave to appeal to Court of Appeal. Procedural fairness — Applicant's unrepresented status and right to be heard relevant to exercise of discretion
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27 January 2022 |
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Leave to appeal granted where failure to identify or record assessors raises a serious question of law and potential miscarriage of justice.
Appeal — Leave to appeal — Prima facie arguable issues and stronger case where judicial discretion exercised (Sango Bay test)
Evidence/procedure — Assessors — Failure to identify or record assessors' opinions at District Land and Housing Tribunal may raise serious question of law
Procedure — Court visit to locus in quo — alleged omission may be a ground for appellate consideration
Pleadings — Incorrect statutory citation may be tolerated under overriding objective where merits shown
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27 January 2022 |
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Court upheld the Taxing Master’s discretionary taxation of attendance fees and dismissed the applicants’ reference with costs.
Advocates Remuneration Order – taxation discretion – attendance fees – quantum of taxation – Order 48 one‑sixth rule and denial of costs – scope of High Court reference from Taxing Master.
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26 January 2022 |
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Application to stop sale struck out for wrong enabling provisions and being incompetent; overriding objective cannot cure foundational defects.
Civil Procedure — Preliminary objections — Notice included in counter-affidavit preamble but unsworn — preamble disregarded; Civil Procedure — Enabling provision — Relief to stop/waive/rescind sale is injunctive/stay-of-execution and governed by Order XXXVII CPC, not s.38(1); Civil Procedure — Sections 68(e) and 95 CPC are supplemental/inherent and cannot substitute specific procedural provisions; Civil Procedure — Overriding objective cannot cure defects going to the foundation of the case; Relief — Court cannot grant speculative relief where auction is presumed already conducted.
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26 January 2022 |
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A re-filed ownership suit identical to a previously dismissed, unchallenged case is res judicata and struck out.
Civil procedure – Res judicata – Section 9 CPC – subsequent suit based on same cause of action and parties barred. Civil procedure – Functus officio – court cannot reopen matter finally disposed of and unappealed. Civil procedure – Order XXI Rule 62 CPC – inapplicable where plaintiff was party to prior proceedings. Land law – ownership dispute – multiplicity of litigation prevented by finality doctrine
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26 January 2022 |
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Application for injunction struck out: District Executive Director was wrongly sued; municipal council is the proper respondent.
Land injunction – interlocutory relief – preliminary objections – misjoinder/wrong party. Local Government (Urban Authorities) Act s.14(1)(b) – municipal council is body corporate capable of suing and being sued. Necessary party – absence vitiates proceeding – application struck out with costs
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25 January 2022 |
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Extension to file Notice of Appeal dismissed for failure to account for each day of delay.
Civil procedure — Extension of time — discretionary relief requiring "good cause" — technical delay may suffice but applicant must account for each day of delay (Bushiri; Fortunatus Msha; FINCA). Civil procedure — Preliminary objections — challenge to counter‑affidavit should be raised at proper stage; late points may be disregarded
Affidavits — objections to argumentative paragraphs and form must be timely raised
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25 January 2022 |
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Appeal allowed because the District Tribunal improperly determined an out-of-time revision without addressing extension of time.
Land procedure – omnibus applications – improper combination of extension of time and substantive revision – threshold issue of delay must be decided first; Extension of time – applicant must satisfy extension tests before substantive remedies are entertained; Revisional jurisdiction – power to nullify proceedings where procedural irregularity renders lower tribunal's decision improper.
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24 January 2022 |
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Tribunal must decide extension of time before substantive revision; omnibus applications are improper.
Land procedure – omnibus application – improper to combine extension of time and substantive revision in one chamber summons; extension must be determined first; District Tribunal's failure to address procedural objection warranted exercise of revisional powers under s.42 LDCA to nullify proceedings.
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24 January 2022 |
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Secretary’s participation in Ward Tribunal hearing vitiates its decision; lower tribunals’ rulings quashed.
Ward Tribunal — composition — improper participation of secretary in hearing and voting — participation vitiates decision; Ward Tribunal Act ss.4(1)(a),(2),(4); Land Disputes Courts Act s.11; appellate quashing of infected decisions.
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23 January 2022 |
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A dismissal for want of prosecution is final and bars refiling the same cause of action unless set aside.
Civil procedure – Res judicata – dismissal for want of prosecution bars refiling the same cause of action unless dismissal is set aside (Order IX Rule 6(1) CPC)
Jurisdiction – District Land and Housing Tribunal – pecuniary jurisdiction determined by the applicant's own valuation of the subject property under the Land Disputes Courts Act. Effect of amendment – addition of parties or increased estimated value does not defeat res judicata where the dispute arises from the same transaction
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21 January 2022 |
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A late land revision filed under the wrong statutory provision is time-barred and jurisdictionally incompetent.
Land law – Revision of tribunal decisions – Limitation Act applies where Land Disputes Courts Act is silent (Item 22, Part III — 60 days); administrators and survival of actions; wrong citation of enabling provision – jurisdictional defect; overriding objective cannot cure mandatory procedural errors.
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21 January 2022 |
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Extension application struck out for repeating wrong legal citations and disobeying court’s amendment order.
Civil procedure — Competency of application — wrong or dead citation of enabling provisions — non-compliance with court order to amend — abuse of court process — application struck out with costs; Extension of time — procedural requirements and proper citation of law.
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21 January 2022 |
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Appellate court upheld subdivision agreement and titles, finding no invalidity or ill motive and dismissing the appeal with costs.
Land law – probate/Wills and post‑inheritance agreements – validity of memorandum subdividing inherited land and creating right of way; evidentiary burden to prove undue influence or ill motive; civil procedure – requirement to state findings on each framed issue (Order XX Rule 5 CPC).
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18 January 2022 |
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Appeal dismissed where parties’ signed subdivision agreement and resurveyed titles established agreed access and ownership.
Land law – inheritance and subdivision; validity of memorandum of understanding vis-à-vis a will; evidentiary burden to prove fraud or bad motive; requirement for trial court to determine each framed issue; resurvey and issuance of titles as evidence of agreed subdivision.
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18 January 2022 |
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Plaintiff's trespass suit struck out for non-joinder of necessary parties despite surveys placing allocations within registered title.
Land law – Certificate of Title vs village allocations – survey evidence locating village farms within registered title – non-joinder of necessary parties – strike out for want of necessary parties; proprietary rights and multiplicity of suits.
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18 January 2022 |
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Suit struck out because village and other occupants with proprietary rights were necessary parties and were not joined.
Land law – overlapping claims between registered Certificate of Title and village allocations; survey evidence locating disputed farms within CT No. 4896; Letters of Offer not recognized by Lands Office; necessary parties/joinder – village and occupants with proprietary interests must be joined or suit struck out; striking out for want of necessary parties.
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18 January 2022 |
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Review dismissed: disputes over taxation and Order 48 interpretation are appealable, not reviewable.
Civil procedure — Review — scope — error apparent on face of record; Review is not appeal in disguise. Advocates Remuneration Order GN
No. 264/2015 — Order 48 — effect where more than one-sixth of bill disallowed. Taxation of costs — instruction fees, attendance and filing fees — requirement for receipts and reasoning
Interpretation — where provision admits more than one construction, omission is not necessarily an apparent error
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18 January 2022 |
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Second appeal dismissed; concurrent findings on sale, title and tribunal composition upheld.
Land law – proof of sale and priority of title – double sale allegations; second appeal – deference to concurrent findings unless perverse or misapprehension of evidence; ward tribunal composition and quorum; admissibility and timing of raising evidentiary complaints.
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13 January 2022 |
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Second appeal dismissed where appellant failed to prove adverse possession and raised new, inadmissible grounds not before the first appellate tribunal.
Land law – ownership – proof on record – concurrent findings of trial and first appellate tribunal upheld unless misdirection or misapprehension of evidence. Adverse possession – requires proof of undisturbed continuous occupation and corroboration; mere assertion of long occupation is insufficient. Appellate procedure – second appeal cannot entertain new grounds or facts not raised in pleadings or before the first appellate tribunal
Evidence – evaluation of credibility and weight of evidence lies primarily with tribunals of first instance and first appeal; interference limited to error of law or principle
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11 January 2022 |
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Second appeal dismissed: court will not consider new grounds not raised earlier and will not upset concurrent factual findings absent misdirection.
Second appeal — limitation on entertaining new grounds or facts not raised in pleadings or before the first appellate tribunal; concurrent findings of fact — interference only where misdirection/misapprehension; adverse possession — burden to plead and prove undisturbed continuous possession; locus in quo and evidence not permitted as new matters on second appeal.
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11 January 2022 |
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Applicant failed to show material error or injustice; tribunal’s exercise of discretion upheld and application dismissed.
Land law — Revision under s.43(1)(b) LDCA — requirement to show error material to merits involving injustice; Civil procedure — stay of execution and objection to attachment; Right to be heard — non‑party at ward tribunal does not automatically vitiate later tribunal proceedings; Evidence — annexures to written submissions not admissible at revision (TUICO precedent).
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11 January 2022 |
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Appellant failed to prove unlawfulness of mortgaged-property sale; appeal dismissed with costs.
Land law – mortgage enforcement – lawfulness of sale and disposition of mortgaged property; issuance and proof of statutory notices; burden of proof in civil proceedings – balance of probabilities; weight of unchallenged documentary evidence and admissions.
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11 January 2022 |
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A second appeal will not disturb concurrent boundary findings absent proof of ownership or adverse possession.
Land law – boundary dispute; concurrent findings of fact – appellate reluctance to interfere; adverse possession – requirement of undisturbed occupation for over 12 years; proof of ownership on balance of probabilities.
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6 January 2022 |
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A second appeal will not displace concurrent findings on land ownership or boundary absent misapprehension of evidence or legal error.
Land law – second appeal – concurrent findings of ward tribunal and District Land and Housing Tribunal – boundary versus ownership – failure to identify boundaries – ward tribunal procedure and framing of issues – interference only where misapprehension of evidence, miscarriage of justice or legal error.
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5 January 2022 |