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Citation
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Judgment date
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| April 2022 |
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Interim injunction denied where applicant failed to show a serious triable issue or favorable balance of convenience.
Civil procedure — Interim injunction — application must satisfy Atilio v Mbowe test: serious question to be tried/probability of success, irreparable injury, and balance of convenience — failure to establish all elements warrants dismissal.
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29 April 2022 |
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Sickness proven by a stamped hospital chit can justify restoration of a land case dismissed for want of prosecution.
Civil procedure — Restoration of dismissed proceedings; sufficient cause — sickness/hospital chit as excusable reason; District Land and Housing Tribunal — duty to consider and analyze reasons for non-appearance on dismissal date; relevance of prior adjournments as cumulative factors; remittal for continuation.
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29 April 2022 |
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Extension of time granted to appeal due to arguable illegality despite unexplained delay; preliminary objections dismissed.
Civil procedure – Extension of time – Application for condonation – Requirement to account for each day of delay (Bushiri principle) – Alleged illegality on face of record may justify extension (Principal Secretary v Valambhia). Preliminary objections – Must be raised as points of law and not sprung in written submissions – Allegations of forgery require proof and police investigation before court reliance. Land law – Restitution proceedings – Issues of power of attorney, prematurity pending re-survey/subdivision, and proof of special damages relevant to arguable illegality.
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29 April 2022 |
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Arguable illegality on the record justified an extension of time despite imperfect accounting for delay.
Civil procedure – Extension of time – Applicant must account for each day of delay, but arguable illegality on the face of the record may justify extension; preliminary objections must raise pure points of law and cannot rest on unproven allegations of forgery.
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29 April 2022 |
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Application for extension to file review denied for failing to account for each day of delay and insufficient proof of sickness.
Extension of time – section 78(1)(a) Civil Procedure Code – discretion to extend time – applicant must account for every day of delay – sickness as sufficient cause requires credible medical proof – failure to account for delay warrants dismissal.
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29 April 2022 |
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Temporary injunction granted to restrain realization of mortgaged property pending dispute over validity of demand notice and irreparable loss.
Land — Interim injunction — Requirements for temporary injunction (triable issue; irreparable harm; balance of convenience) — Validity of demand/default notice (prematurity; improper service; failure to state principal and interest) — Restraint on sale/realization of mortgaged property pending suit.
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29 April 2022 |
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Appeal dismissed: alleged lack of jurisdiction and Ward Tribunal irregularities were unsupported and belatedly raised.
Land law – pecuniary jurisdiction of Ward Tribunal – value pleaded by plaintiff determines jurisdiction; procedural irregularities and coram composition – must be shown on record and raised timely; complaints raised first on appeal are afterthoughts.
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29 April 2022 |
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Mortgage and sale void where bank failed due diligence and statutory notice requirements for third‑party mortgage.
Land law — Third-party mortgage — Bank’s due diligence and validity of mortgage where registered owner had died — Statutory notice of default (Land Act s.127) and 14-day auction notice (Auctioneers Act) — Requirement of proof of transfer/registration for bona fide purchaser protection (Land Act s.135).
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29 April 2022 |
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A written sale agreement prevails over conflicting oral promises; the deceased purchaser held title and the land formed part of the estate.
Land law – sale of land – written contract of sale prevails over conflicting oral terms (Evidence Act s.100(1)); title passed to purchaser; inclusion of property in deceased's estate; jurisdiction of District Land and Housing Tribunal over land ownership disputes.
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29 April 2022 |
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Property claims from a deceased’s estate must be pursued by or against the estate’s legal representative; wrong-party proceedings are nullified.
Land law – Deceased estate – Locus standi – Claims concerning property of a deceased must be instituted by or against the estate’s legal representative (s.99 Probate and Administration of Estates Act) – Proceedings against wrong party are nullifiable by revision.
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29 April 2022 |
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Wrong citation of law renders an application incompetent and must be struck out, not dismissed.
Land procedure — competence — wrong citation/wrong provision renders application incompetent; remedy is striking out not dismissal; tribunal must afford parties hearing when raising suo motu competence objection; appellate revisionary power to quash and set aside tribunal ruling.
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29 April 2022 |
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A registered certificate of title establishes ownership unless convincingly rebutted; the applicant failed to rebut, suit dismissed with costs.
Land law – Registered title as prima facie/conclusive proof of ownership; burden of proof under s.110 Evidence Act; estoppel by prior tribunal testimony; role of District Commissioner in land disputes; trespass claim defeated by lawful registered ownership.
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29 April 2022 |
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Appellants lacking pleaded letters of administration cannot claim deceased’s land; occupier entitled to protect peaceful possession.
Land law – ownership disputes over land purchased from deceased – pleadings and locus to sue; Evidence Act s.59 and judicial notice; letters of administration and authority to claim estate assets; protection of peaceful occupation against trespass.
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29 April 2022 |
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Second appeal dismissed: respondent retained locus standi and new forgery allegations cannot be raised on second appeal.
Land law — ownership and possession — locus standi to sue over disputed land; appellate procedure — second appeal barred from entertaining issues not raised at trial or first appeal; evidence — admissibility/weight of alleged forged sale agreement; measurement of disputed land (two vs five acres).
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29 April 2022 |
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Applicant's illness and undated request for judgment did not justify extension of time; application dismissed.
Civil Procedure – Extension of time under section 78(1)(a) CPC – discretionary relief – applicant must show sufficient cause and account for every day of delay. Proof of sickness – medical evidence required where illness is relied upon as cause for delay. Procedural requirements – undated correspondence and failure to specify dates do not excuse lack of accounting for delay.
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28 April 2022 |
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Applicant showed a prima facie dispute over title but failed to plead irreparable loss and balance of convenience; injunction refused.
Land – interim injunction – requirements: prima facie case, irreparable loss, balance of convenience – affidavit as evidential foundation – submissions cannot introduce new factual grounds.
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28 April 2022 |
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Leave to appeal granted because applicant raised prima facie arguable points on contractual breach and non‑performance.
Civil procedure — Leave to appeal — Prima facie arguable grounds required — Breach of contract — Failure to perform/hand over agreed property — Appealability to Court of Appeal.
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28 April 2022 |
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Tribunal improperly entered judgment without dismissing for want of prosecution; judgment quashed and set aside.
Land law & civil procedure – Tribunal procedure – Regulation 11(1)(c) vs Regulation 15(a) GN No.174/2003 – dismissal for want of prosecution where applicant’s case is left unattended – improper ex parte judgment – procedural irregularity vitiating judgment.
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28 April 2022 |
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A filed Deed of Settlement complying with Order XXIII Rule 3 was adopted as the court's decree and the case marked settled.
Civil procedure – Consent judgment – Parties file Deed of Settlement – Court to examine conformity with Order XXIII Rule 3 of the Civil Procedure Code – Adoption of Deed as Court Decree. Settlement – Marking suit as settled on consent. Costs – Each party to bear own costs after consent settlement.
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28 April 2022 |
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A suit challenging eviction and seeking possessory relief under a lease is a "matter concerning land" and within the Land Division’s jurisdiction.
Land law – jurisdiction of Land Division – section 167(1) Land Act – "matters concerning land" includes disputes over possession and unlawful eviction. Lease – creates possessory rights – claims for unlawful eviction, declarations and injunctions are land matters. Procedural law – distinguishing authority (Mulaki v Magero) where no possessory claim was made.
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28 April 2022 |
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The plaint discloses a cause of action; the defendant's preliminary objection was overruled.
Civil procedure – Preliminary objection – Whether plaint discloses a cause of action – Pleadings to be assessed on their face and attendant documents – Attachment of lock-out agreement – Contested factual issues not for determination on preliminary objection.
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28 April 2022 |
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The Tribunal wrongly found no jurisdiction; pleadings showed a land dispute, so its finding was quashed.
Land jurisdiction – whether application challenging sale of land is a land dispute; characterization by reliefs; District Land and Housing Tribunal jurisdiction; remedy — quash and set aside Tribunal’s finding.
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28 April 2022 |
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Whether the plaintiff, as administratrix with letters of administration, has locus standi to sue in her personal capacity.
Locus standi – administrator/administratrix – capacity to sue – effect of letters of administration under the Probate and Administration of Estates Act. Pleadings – sufficiency of plaint to show interest – devolution of estate and ownership pleaded in plaint. Civil procedure – preliminary objection raising lack of locus standi – when objection is properly overruled.
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28 April 2022 |
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An extension-to-appeal application was struck out as incompetent where the proper remedy for a dismissal for non-appearance is an application to set aside under Reg 11(2).
Civil procedure – Limitation and remedies – Application for extension of time to appeal – Incompetent where impugned decision was dismissal for non-appearance. Land Disputes Courts Regulations, 2003 (GN No.174/2003) – Regulation 11(2) – Procedure and time limit to apply to set aside dismissals for non-appearance. Preliminary objection – concession by applicant – strike out of application. Costs – no order as to costs where application drawn gratis in public interest.
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28 April 2022 |
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Alleged service irregularities were not apparent on the record; appeal against refusal to extend time dismissed with costs.
Land law – Service of summons – Personal service, affidavit of service and substituted service by publication – Whether defects in attestation vitiate service; extension of time to set aside ex‑parte judgment – illegality must be apparent on the face of the record (Reg. G.N. No.174/2003; Order V r.20 CPC).
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28 April 2022 |
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Appeal dismissed where both parties failed to file court-ordered written submissions and were treated as not appearing.
Civil procedure – failure to file court-ordered written submissions – treated as non-appearance – court entitled to dismiss appeal for non-compliance; Preliminary objections – non-joinder of Attorney General; time-barred objection.
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28 April 2022 |
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A tribunal's vague conclusion that the appellant's fence was subject to an earlier decree warranted quashing the decision.
Land law – execution of decree – execution must be limited to what is decreed – cannot demolish property not subject of decree. Civil procedure – vagueness in judgment – need for clear description of subject matter to identify what is to be executed. Revisionary powers – quashing of tribunal decision where findings are confused or inconsistent with prior judgment.
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28 April 2022 |
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A plaint verified by a non‑party is defective and must be struck out; amendment/overriding objective cannot cure it.
Civil procedure – Pleadings – Verification clause – Requirement that a plaint be verified by a party; verification by non-party renders pleading defective and bad in law; consequence is striking out. Civil procedure – Amendment – Order VI Rule 17 not available to cure defects apparent on the face of record when preliminary objection raised. Civil procedure – Overriding objective – Cannot be used to circumvent mandatory procedural requirements foundational to the case. Limitation – Raised but not determined due to dispositive preliminary objection.
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27 April 2022 |
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Appellants failed to prove ownership; tribunal rightly found respondent owner and appeal dismissed with costs.
Land dispute – ownership – sale agreement as primary proof; burden of proof on alleging party; corroboration by oral witnesses; absence of alleged purchaser weakens claim; locus in quo visit discretionary; new issues first raised on appeal not entertained; Evidence Act ss.110–112.
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27 April 2022 |
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Applicant failed to account for delay and lacked prospects of success; extension of time refused with costs.
Extension of time – requirements for sufficient cause – need to account for each day of delay – automatic exclusion for time obtaining copies under Law of Limitation Act – lack of arguable grounds where DLHT ordered trial de-novo.
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27 April 2022 |
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Extension granted to file revision because alleged illegality (denial of hearing) constituted sufficient cause despite unexplained delay.
Land law — extension of time to file revision under Limitation Act s.14(1); requirement to account for each day of delay; illegality ground — denial of hearing/constitutional right to be heard; illegality apparent on record can justify extension.
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27 April 2022 |
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A tribunal cannot vary loan terms; guarantor’s unsupported attempt to delay enforcement fails and appeal is dismissed.
Land law – guarantor liability and mortgage enforcement; Tribunal’s powers – cannot vary contractual loan terms or extend repayment without parties’ consent; Evidence – annexures appended to submissions and new evidence on appeal inadmissible; Procedural – obligation to adduce proof and join necessary parties at trial/tribunal.
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25 April 2022 |
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Reference improperly brought to High Court after execution; application struck out and costs awarded.
Civil Procedure Code (Order XLI Rule 1) – Reference to High Court – competent only where subordinate court entertains reasonable doubt on a question of law in a pending proceeding; execution already effected bars such reference. Procedural law – failure to file ordered written submissions amounts to waiver and permits ex parte determination of preliminary objection. Appropriate remedies for challenging execution decisions: appeal or revision (or proper reference from taxing master), not High Court reference where criteria unmet.
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25 April 2022 |
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Applicant's unexplained delay in filing warranted refusal of extension of time to appeal, application dismissed with costs.
Extension of time – discretion of court – requirement to show sufficient cause and account for each day of delay (Bushiri principle). Civil procedure – applicability of preliminary objections – locus standi raised at extension stage premature. Land disputes – effect of delayed certification of judgment but need to explain subsequent delay.
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25 April 2022 |
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Court granted extension to file a Bill of Costs, finding the court’s delay in issuing the judgment copy amounted to sufficient cause.
Civil procedure – Extension of time – Application under s.14(1) Law of Limitation Act and s.95 Civil Procedure Code – requirement to account for each day of delay – ‘‘good cause’’ fact-sensitive. Delay attributable to the court’s failure to furnish judgment copy can constitute sufficient cause to extend time. Relevant authorities: requirement to show cause and discretion in granting extensions.
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25 April 2022 |
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Court grants leave to appeal where applicant raised prima facie arguable grounds and respondent defaulted on ordered submissions.
Civil procedure — Leave to appeal — requirement of prima facie arguable grounds meriting the Court of Appeal's attention. Evidence/procedure — failure to tender or admit tribunal judgment at trial — effect on subsequent appeals. Civil procedure — failure to join/serve a party at Ward Tribunal and right to be heard. Court practice — failure to file ordered written submissions permits ex parte determination.
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25 April 2022 |
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An alleged jurisdictional illegality can justify granting an extension of time to file an appeal despite delay.
Extension of time — appellate procedure — good cause required — ignorance of law not acceptable — alleged illegality/jurisdictional error as sufficient ground to extend time.
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25 April 2022 |
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Applicant granted interim injunction to prevent alleged illegal sale, eviction and occupation of disputed land pending trial.
Temporary injunction – Atilio v Mbowe criteria (prima facie case; irreparable injury; balance of convenience) – status quo ante – alleged forged mortgage and illegal eviction – bona fide purchaser defence – interim relief pending Land Case No. 126/2021.
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25 April 2022 |
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Revision application struck out as overtaken by events after execution, eviction and demolition were carried out before filing.
Land law — Revision — Whether a revision application is overtaken by events where the impugned decree has been executed — Preliminary objection as a pure point of law (Mukisa Biscuits) — Execution, eviction and demolition rendering revision meaningless.
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25 April 2022 |
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Extension of time denied where alleged hospitalization was not proved by authenticated medical evidence.
Extension of time – requirement to account for each day of delay – illness as cause of delay – burden to prove sickness by producing originals or certified medical documents with signatures and office stamp – uncertified copies insufficient.
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22 April 2022 |
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Application to set aside dismissal restored where advocate’s illness and death constituted sufficient cause.
Civil procedure — setting aside dismissal for want of prosecution; Amendment of wrong citation (Order IX r.9 to r.6); Sufficient cause — advocate’s serious illness and death; No prejudice — restoration; Costs — none.
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22 April 2022 |
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Plaintiff proved title to 12-acre farm; defendants declared trespassers, ordered evicted and structures demolished; costs awarded.
Land law – proof of title by sale agreement and supporting official certificates; ex parte proceedings where defendants absent after proper service; trespass — eviction and demolition of unlawful structures; damages not awarded where loss not proved; costs awarded to successful plaintiff.
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22 April 2022 |
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Tribunal delay in supplying judgment copies can constitute sufficient cause to extend time to lodge a Reference.
Extension of time; delay in supply of judgment and decree by tribunal; sufficient cause for enlargement of time; accounting for periods of delay; Lyamuya guidelines on extension of time; Advocate Remuneration Order s.8(1),(2).
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21 April 2022 |
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Attorney General may be joined where occupancy conditions on registered land implicate public property and public interest.
Attorney General – right of audience and joinder under s.17 Attorney General Act – public property and public interest – right of occupancy conditions – public land vested in President – breach by sublease/mortgage/sale within prohibited period.
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21 April 2022 |
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High Court lacks jurisdiction to nullify tribunal judgments in a fresh suit; alleged fraud must be pursued by appeal or review.
Civil procedure – jurisdiction – High Court's original jurisdiction vis-à-vis decisions of subordinate courts – challenges to tribunal judgments must be by appeal, revision, review or reference. Preliminary objection – point of law arising from pleadings – application of Mukisa Biscuits test. Relief sought on ground of alleged fraud on judgment – alleged fraud does not convert a competent court's decision into a nullity excusing conventional appellate or revisionary procedure. Res judicata – plea raised but not determined after successful jurisdictional objection.
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21 April 2022 |
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Leave to appeal struck out for failure to lodge the mandatory notice of intention to appeal under Court of Appeal Rules.
Appeal procedure — Requirement to lodge notice of intention to appeal before applying for leave; Court of Appeal Rules (Rules 46(1), 83(1)) mandatory; Section 47(2) Land Disputes Courts Act does not displace Court of Appeal Rules; Non-compliance fatal; Ignorance of law not an excuse.
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21 April 2022 |
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A preliminary objection that the applicant should have sought a stay of execution instead of revision was overruled.
Land Disputes Courts Act s.43 – Revision jurisdiction – Proper procedure to challenge tribunal orders (revision vs stay of execution). Civil procedure – Preliminary objection – point of law must be apparent on the face of the record (Mukisa principle). Abuse of process – allegation not determinative where objection raises factual/procedural issues rather than pure law.
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21 April 2022 |
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Illegality in a settlement excluding an interested party can justify extension of time to file a revision.
Limitation law – extension of time under section 14(1) – discretion and sufficient cause. Illegality – exclusion from deed of settlement as sufficient cause for extension. Procedural diligence – pursuing wrong application counts towards showing active pursuit of rights. Evidentiary rule – unproved off‑record advice has no weight.
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21 April 2022 |
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Leave to appeal granted to applicant to challenge High Court’s decision on photocopy evidence and matrimonial mortgage.
Leave to appeal — Land Disputes Courts Act s47(2) — criteria for leave: rights of parties, appealability, valid grounds — new issue on appeal — admissibility/reliance on photocopy evidence — matrimonial property and mortgage consent.
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21 April 2022 |
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Extension of time denied: delay unexplained, alleged illegality unproven and pauperism contradicted by applicants' conduct.
Extension of time to appeal – requirement to account for each day of delay (Lyamuya factors); illegality as ground for extension – must be apparent on face of record and adequately explained; pauperism and alleged registry misplacement require evidential support (affidavit of registry officer); locus in quo visits are not mandatory, only exceptional.
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20 April 2022 |