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Citation
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Judgment date
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| May 2022 |
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An application for leave to appeal must follow a lodged notice of appeal; absence renders the application defective.
• Civil procedure – Leave to appeal – Requirement that a Notice of Appeal be lodged before applying for leave (Rule 46(1), Court of Appeal Rules 2019).
• Civil procedure – Competency – Wrong citation of statutory provision may render an application incompetent.
• Affidavit law – Alleged incurable defects where affidavit contains opinion, prayers or conclusions.
• Preliminary objections – Procedural non‑compliance as a ground for striking out an application.
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31 May 2022 |
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Land claim struck out for failing to specifically describe disputed parcels; plaint incompetent under Order VII r.3.
Land law – Description of immovable property – Requirement to specify boundaries or permanent features – Order VII r.3 Civil Procedure Code; Burden of proof in ex‑parte hearings; Incompetent plaint for lack of specific identification; Effect of inconsistent exhibits and absence of corroborating neighbours/local officials.
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31 May 2022 |
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Appeal dismissed because the respondent's title evidence outweighed the applicant's vague sale agreement and assessors' opinions were recorded.
Land law – ownership dispute over registered plots – assessment of competing title evidence and burden on balance of probabilities. Evidence – weight and sufficiency of sale agreements and title documents; application of Hemed Said v Mohamed Mbilu. Procedure – role and requirement of assessors in Land Disputes Courts; opinions must be recorded and considered (s.24 Land Disputes Courts Act).
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31 May 2022 |
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Appeal dismissed: respondent’s title evidence prevailed and assessors’ opinions were properly recorded.
Land law – ownership dispute over registered plots – competing documentary evidence and witness testimony; Civil evidentiary standard – balance of probabilities and weight of evidence (Hemed Said v Mohamed Mbilu); Procedure – requirement to record assessors’ opinions under Land Disputes Courts Act and effect of their inclusion in the judgment; Bona fide purchaser claim – insufficiency of vague sale agreement to establish title.
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31 May 2022 |
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Unregistered purchasers are not protected as bona fide purchasers against a valid registered mortgagee's power of sale.
Land law – bona fide purchaser – protection under section 135 of the Land Act accrues only upon registration of transfer. Mortgage and power of sale – registration and notification procedures examined; absence of proof of irregularity or fraud defeats challenge. Evidence – burden on claimant to prove title defects and lack of spousal consent; documentary proof required.
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31 May 2022 |
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A defective jurat that fails statutory identification requirements renders the supporting affidavit and application incompetent and struck out.
Oaths and Statutory Declarations Act — jurat requirements — jurat must state whether commissioner knew deponent personally or was shown identification; failure renders affidavit questionable and incurably defective. Affidavit formalities — defective jurat may render supporting application incompetent and liable to be struck out. Procedure — failure to file submissions on preliminary objections permits ex parte consideration of those objections.
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31 May 2022 |
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A consent judgment signed by the applicant estops reopening the same land dispute; appeal dismissed as res judicata.
Land law — Res judicata — Consent judgment recorded by Ward Tribunal — Estoppel under Evidence Act s.123 — Application of Civil Procedure Code s.9 — Trial tribunal’s evaluation of evidence upheld.
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31 May 2022 |
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Whether the applicant’s fresh suit is barred as res judicata where prior proceedings challenged a sale in execution.
Res judicata; application of Order XXI Rules 57–64 and 88(1) of the Civil Procedure Code; distinction between objection proceedings and challenges to sale in execution; applicability of Order XXI Rule 62; dismissal of duplicate claim; District Land and Housing Tribunal decision upheld.
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31 May 2022 |
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Illegality can justify extension of time, but applicant must promptly discover and adequately account for delay; application dismissed.
Extension of time – Law of Limitations Act s.14(1); illegality in impugned decision as sufficient cause; duty to account for delay and timing of discovery; notice of appeal and withdrawal; discretionary refusal where inaction unexplained.
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31 May 2022 |
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A non‑party to Ward Tribunal proceedings cannot appeal; the proper remedy is revision and the Ward Tribunal retained jurisdiction here.
Civil procedure – appeal v revision – non‑party to proceedings has no right of appeal; remedy is application for revision. Land law – ward tribunal jurisdiction – pecuniary limits; disputes over boundary occupation do not necessarily invoke jurisdictional excess for the whole registered parcel. Corporate personality – company distinct from its officer; does not convert a non‑party into a party for appeal purposes.
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31 May 2022 |
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Delay caused by late supply of certified judgment copies constituted sufficient cause for the applicant to obtain an extension to appeal.
Land law – extension of time to appeal – Section 41(2) Land Disputes Courts Act – requirement to show good cause. Civil procedure – delay attributed to late supply of certified copies – waiting period excluded in computing delay. Evidence – uncontested affidavit and prompt request for judgment as grounds for extension.
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31 May 2022 |
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Objection to execution against a different property is not time‑barred where execution proceedings remain pending.
Civil Procedure – Execution – Objection to execution – Whether objection is time‑barred under Limitation Act – Distinction between challenging judgment and propriety of execution against a different property – Pending execution proceedings.
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31 May 2022 |
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Plaintiff failed to prove ownership; registered title and transfers held lawful and suit dismissed with costs.
Land law – ownership dispute – inadequately described sale agreement vs registered title; primacy of certificate of title; burden of proof in civil claims; entitlement to compensation and general damages.
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31 May 2022 |
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Failure to file court-ordered written submissions constitutes failure to prosecute and justifies dismissal with costs.
Civil procedure — compliance with directions — failure to file court-ordered written submissions — constitutes failure to prosecute; court may dismiss application with costs; revision proceedings under s.43(1)(b) affected by procedural non-compliance.
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31 May 2022 |
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A valid certificate of occupancy establishes the plaintiff's ownership even if land lies within a road reserve; acquisition requires statutory procedure.
Land law – Proof of ownership – Certificate of Occupancy as prima facie evidence of ownership; burden of proof (s.110 Evidence Act; Hemedi principle). Reserved land/road reserve – Whether grant of right of occupancy is valid over reserved land; section 22 Land Act permitting grants in reserved land. Public acquisition – State may acquire land but must follow statutory procedure, revocation and compensation rules. Remedies – Claim for general damages must be proved; court’s discretion in quantification.
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31 May 2022 |
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Appellant declared bona-fide purchaser; trial decision set aside and vendor ordered to refund prior buyer's payments.
Land law – bona-fide purchaser – purchaser for value without notice; Assessors – written opinions read in presence of parties and Chairperson’s duty when departing; Admissibility of documentary evidence – exhibits must be properly endorsed and admitted; Effect of breach of sale agreement – resale and refund of partial payments.
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31 May 2022 |
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Applicant failed to show capacity or a clear interest to be joined in the land suit; application struck out with costs.
Civil procedure – Joinder – Requirement to disclose a legal interest and locus standi when seeking joinder as defendant in a land suit. Succession/probate – Disputes over administration and distribution of an estate are primarily matters for probate, not for joinder in an unrelated land suit. Evidence – Applicant must plead and prove capacity (e.g., administrator) and a direct nexus to the subject matter to be joined.
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31 May 2022 |
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Appeal struck out as unmaintainable where deceased appellant was not substituted and successor lacked authority to prosecute.
Civil procedure – competence of appeal – effect of death of a party – requirement for substitution by personal representative or letters of administration – court’s power to take judicial notice of death – lack of locus results in striking out appeal.
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31 May 2022 |
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Illegality on the face of a decision amounts to sufficient cause to grant extension of time to file a revision.
Extension of time — Illegality on the face of the impugned decision constitutes sufficient cause for extension; technical delay and jurisdictional errors; execution orders by Ward Tribunal; limitation period for revision; service and formal defects in counter‑affidavits; joint‑owner consent to sue.
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31 May 2022 |
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Applicant’s failure to account for a 204‑day delay and advocate negligence did not justify extension of time.
Land law — Extension of time to apply to set aside dismissal for want of prosecution — Requirement to show good cause and account for each day of delay — Advocate’s negligence not sufficient reason.
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31 May 2022 |
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Plaintiff failed to prove title to the disputed plot; municipal demolition lawful and claim dismissed with costs.
Land law – Burden of proof in ownership claims – Registered certificate of title prima facie proof of ownership – Payment of land rent or police loss report insufficient to establish title – Municipal planning authority and power to issue demolition/enforcement notices for encroachments and road reserves.
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31 May 2022 |
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Temporary injunction application struck out for incompetence because cited statutory provisions did not support the relief sought.
Civil procedure – temporary injunction – enabling provisions – competence of application – Order XXXVII Rule 1(b) inapplicable where creditor seeks to realize security. Civil procedure – general vs specific provisions – Section 68 general powers cannot validate an otherwise incompetent application. Civil procedure – striking out for want of competence – costs to follow the event.
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31 May 2022 |
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An earlier Letter of Offer prevails; the administratix failed to prove ownership and the claim was dismissed with costs.
Land — Competing Letters of Offer — Priority of earlier grant — Proof of payment as condition precedent — Possession following purchase — Limitation: cause of action accrual on knowledge — Claim dismissed.
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31 May 2022 |
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Applicant failed to show good cause or prove alleged illegality; extension of time denied and application dismissed with costs.
Civil procedure — extension of time under s.41(2) Land Courts Disputes Act — 'good cause' requirement; must account for each day of delay; evidence required to prove late supply of judgment; alleged 'illegalities' must be demonstrated, not merely stated as grounds of appeal.
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30 May 2022 |
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Administrator’s recovery claim for vacant possession was within 12‑year limitation; name discrepancies and search reports were not fatal.
Land law – recovery of land by administrator – limitation period (Item 22 Part I Limitation Act) – administrator standing in deceased’s shoes; identity discrepancies – minor and curable; search reports – admissibility versus evidential weight; non‑joinder – not fatal absent application to join.
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30 May 2022 |
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Injunction refused: suspicion without tangible evidence of imminent alienation fails to meet Order XXXVII/Atilio requirements.
Civil Procedure – interim injunction – requirements under Atilio v Mbowe: serious question to be tried, irreparable injury, balance of convenience. Order XXXVII Rule 1(a) – injunction to protect property shown to be in danger of being wasted, damaged or alienated. Proof requirement – suspicion alone insufficient; tangible evidence of imminent disposal required. Effect of closure of probate/administrators' discharge on ability to alienate estate property.
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30 May 2022 |
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Extension granted where late supply of certified copies and prompt action constituted good cause.
Extension of time – application under Order 8(1) Advocates Remuneration Order GN.265/2015 – good cause required – late supply of certified copies of ruling and drawn order can constitute sufficient cause – prompt action on receipt of copies – extension granted.
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30 May 2022 |
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The High Court struck out a suit for lack of jurisdiction and because a society lacked legal capacity to sue.
Land jurisdiction – pecuniary jurisdiction under Land Disputes Courts Act s.33(2)(b); Civil Procedure Code Order VII r.1 – requirement to plead facts showing jurisdiction and value; Locus standi – capacity of societies under Societies Act to hold property and sue; necessity of Trustees Incorporation Act or Unit Titles Act registration for corporate status.
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30 May 2022 |
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Unexplained discrepancies in sale agreements undermine a claimant's title; doubts in evidence resolved against the relying party.
Land law – proof of ownership – reliance on sale agreement not bearing claimant's name – necessity to explain or prove transfer of title from named purchaser. Evidence – documentary inconsistencies and missing witnesses – doubts to be resolved against the party relying on the documents. Civil procedure – appellate review – tribunal's failure to address material discrepancy in evidence amounts to error warranting setting aside.
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30 May 2022 |
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Second appeal dismissed: new factual ground inadmissible and unchallenged documents deemed accepted, so findings of ownership stand.
Land — second appeal — scope confined to questions of law and misapprehension of evidence; new factual grounds not entertained on second appeal; failure to object or cross-examine admits document; concurrent findings of fact not disturbed absent miscarriage.
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30 May 2022 |
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Appellants failed to set aside an executed ex parte judgment; unstamped sale deed expunged but other evidence upheld ownership and jurisdiction.
Service of process – affixation and publication – setting aside ex parte judgment; Admissibility – unstamped instruments expunged but other evidence may validate transaction; Pecuniary jurisdiction of District Land and Housing Tribunal; Execution and afterthought applications.
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30 May 2022 |
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Appeal allowed due to fatal procedural irregularities in tribunal site visit and assessors' participation; rehearing ordered.
Land — Procedural irregularities — locus in quo/site visit requirements (attendance, oath, cross-examination, record) — Assessors' participation and mandatory opinion under section 23(2) of the Land Disputes Courts Act — Tribunal not duly constituted — incurable irregularities — proceedings nullified and matter remitted for rehearing.
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30 May 2022 |
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Late request to summon City Director for document production denied; proper remedy was earlier notice to produce under s.68 Evidence Act.
Civil procedure – Production of documents – Application under Order XVI Rules 6 & 7 CPC to summon third party custodian for certification – timing and procedural requirements. Evidence Act s.68 – Notice to Produce – appropriate mechanism to secure documents and inapplicability after closure of a party’s case. Procedural fairness – party who previously objected to tendered documents cannot later seek certification as a backdoor means to include them in the record. Parties’ responsibility – documents allegedly in a party’s possession ought to be produced by that party, not via third-party summons.
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30 May 2022 |
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Applicant failed to show a point of law under s.47; certificate to appeal refused and application dismissed with costs.
Civil procedure – Appeals – Certificate to appeal under section 47(2) and (3) of the Land Disputes Courts Act, Cap. 216 R.E. 2019 – Requirement to demonstrate a point of law. Failure to comply with court-ordered written submissions – evidential consequences in applications for certificates to appeal. Overriding objective and curable procedural irregularities – limits where statutory prerequisites (point of law) are absent. Case law – application of Mohamed Mohamed v Omar Khatib; limited applicability of Mandorosi Village Council v Tanzania Breweries Ltd.
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30 May 2022 |
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Applicant failed to demonstrate a point of law; application for certificate to appeal under s.47 Cap.216 dismissed with costs.
Land Disputes Courts Act (Cap. 216) – s.47(2) and s.47(3) – certificate to appeal to Court of Appeal – requirement to show a point of law. Procedural compliance – specifying statutory subsection and filing ordered written submissions. Overriding objective – limited application to cure certain procedural defects but cannot substitute for absence of point of law.
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30 May 2022 |
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Delay not fully explained and alleged illegality not apparent; extension of time to seek leave to appeal refused.
Extension of time — requirement to show good cause and account for each day of delay; sickness as ground for extension — must be evidenced and shown to have caused delay; alleged illegality must be apparent on face of record to justify extension; discretion not exercised where delay unexplained.
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30 May 2022 |
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Extension of time granted where delay caused by late supply of judgment and reliance on legal aid.
Extension of time – Land Disputes Courts Act s.41(2) – delay in obtaining judgment copy – extraction of decree – reliance on legal aid (TAWLA) – ex parte application – exercise of judicial discretion.
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30 May 2022 |
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Applicant proved title by valid sale agreement; respondents held trespassers, ordered evicted and liable for costs.
Land law – proof of ownership by sale agreement and occupation; burden of proof under Evidence Act s.110; validity of sale contracts; trespass and possessory reliefs (eviction and injunction); award of costs; unproven claim for general damages.
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30 May 2022 |
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Objections that defendants are wrong parties and lack locus standi dismissed; factual issues require trial.
Civil procedure — Preliminary objection — must raise a pure point of law based on ascertained facts (Mukisa Biscuit test). Locus standi — allegation that defendants sued personally while acting as administrators/legal representatives — factual question requiring proof. Cause of action — whether plaint discloses cause against legal representative depends on evidence of representative status and estate ownership. Probate/administration — status of probate and representative appointment relevant but not determinable on preliminary objection.
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30 May 2022 |
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Res judicata fails where plaintiffs were not parties to prior suit; plaint need only state value, no mandatory valuation report.
Land law — Res judicata (section 9 CPC): elements — same issue, finality, same parties, competent court; ex parte decision may be final; objection proceedings under Order XXI Rule 62 permit fresh suit and do not render subsequent suit res judicata; Civil Procedure — Order VII Rule 1(f),(i): plaint must state facts showing jurisdiction and a statement of value, but annexed scientific valuation report is not mandatory.
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30 May 2022 |
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27 May 2022 |
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Leave to appeal granted where mis‑citation of statute was curable and an arguable denial of hearing on executed plots was shown.
Appeal procedure – Leave to appeal from High Court exercising revisional jurisdiction – Proper citation of section 47(2) LDC Act. Civil procedure – Overriding objective – curability of incorrect statutory subsection in chamber summons. Appeals – Test for leave: prima facie/arguable case or mixed question of law and fact. Right to be heard – alleged denial of opportunity to address court on surveyed plots in execution proceedings as an arguable ground.
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27 May 2022 |
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Extension of time granted where applicants delayed due to their advocate's negligence, allowing filing of notice and leave to appeal.
Land procedure – Extension of time to appeal – Combined application for extension and leave to appeal permissible when interrelated – Judicial discretion to enlarge time upon showing of good cause – Negligence of counsel can constitute excusable delay – Applicants granted leave to file Notice of Appeal and application for leave to appeal.
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27 May 2022 |
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Applicant failed to account for delay; extension of time to file appeal denied.
Extension of time – requirement to show sufficient cause and account for each day of delay – Law of Limitation Act s.14 – sick‑ness as possible sufficient cause – evidential burden to explain entire delay.
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27 May 2022 |
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Disputed business frame lay on road reserve; neither party proved title, appellate owner's finding set aside; refund and vacation ordered.
Land law – road reserve/public land – ownership disputes – burden of documentary proof – second appeal standards: interference only for misapprehension of evidence – remedy: restitution for improvements and eviction when neither party proves title.
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26 May 2022 |
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Failure to specify the disputed land’s measurement is fatal; relief limited to the contested four‑foot area.
Land law – trespass and boundary disputes – necessity for specific identification and measurement of disputed land in tribunal judgments – failure to specify measurements is fatal and may lead to quashing of the order; execution must be limited to the pleaded area.
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26 May 2022 |
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Leave to appeal granted where applicant showed right, appealability and an arguable point of law.
Land law — Leave to appeal — Application under s.47(2) & (4) Land Disputes Courts Act and Rule 45 Court of Appeal Rules — Criteria: right to appeal, appealability, existence of valid point of law — Leave granted without costs.
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26 May 2022 |
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Respondent lacked locus standi for failing to prove customary transfer; lower judgments quashed and appeal allowed.
Land law – proof of ownership on balance of probabilities – burden of proof (s.110 Evidence Act) – unsurveyed land – locus standi to sue – tribunals’ duty to strike out where claimant lacks legal interest – appellate review of evaluation of evidence.
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26 May 2022 |
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Applicant granted leave to appeal on arguable land-law issues including adverse possession and licence succession.
Land law – leave to appeal – discretionary not automatic – leave granted where grounds raise arguable or novel points of law. Land law – adverse possession – long uninterrupted occupation raised as arguable issue. Land law – licence and succession – whether licence survived death and extended to occupier. Civil procedure – appellate practice – court must assess arguability of grounds and avoid deciding substantive merits when granting leave.
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26 May 2022 |
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Revision application struck out for targeting the wrong proceedings; pending appeal does not automatically stay execution.
Land procedure — Revision jurisdiction — Applicant must properly identify and make the impugned decision the subject of revision; Execution — administrator’s application for execution after death of judgment creditor; Appeals — pending Court of Appeal matter or appeal does not automatically operate as a stay of execution; Procedural competence — striking out for misconceived relief.
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26 May 2022 |