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Citation
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Judgment date
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| August 2022 |
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Extension of time to appeal granted due to apparent, substantial illegalities on the tribunal record despite other deficiencies.
Land law – extension of time to appeal – requirement to show good cause under s.41(2) Land Disputes Courts Act (Cap.216 R.E.2019) – applicant must account for each day of delay. Delay in supply of certified judgment – requester must prove when request made and receipt; certified dates on documents are material. Ignorance of procedure – not a ground where applicant had legal assistance
Illegality – point must be apparent on the face of the record and of sufficient importance; such apparent illegality can justify extension of time
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11 August 2022 |
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The appellant’s challenge failed: statutory amendments make Kiswahili the court language unless exceptional circumstances justify English.
Constitutional/Statutory interpretation – language of courts – Written Laws (Miscellaneous Amendment) Act No.1 of 2021; Section 32 CAP 216 amended to make Kiswahili the language of the Tribunal; Section 84A Interpretation of Laws Act preserves English only where justice requires. Judicial procedure – validity of judgments and records issued in Kiswahili
Appeals – prejudice and right of appeal where judgment is in Kiswahili
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11 August 2022 |
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Applicant failed to prove land ownership on balance of probabilities; appeal dismissed with costs.
Land law – ownership disputes – burden of proof under section 110(1) Evidence Act – assessment of testimony; possession and long occupation as evidence of ownership; appellate review of tribunal findings; typographical errors in typed judgment not fatal when handwritten record clarifies intent.
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10 August 2022 |
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Extension of time denied for wrong statutory basis and failure to account for each day of delay.
Extension of time – wrong statutory basis (Section 14(1) Limitation Act v Section 41(2) Land Disputes Courts Act) – wrong citation renders application incompetent – requirement to account for each day of delay – sufficient cause for extension of time.
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10 August 2022 |
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An attorney under power of attorney loses locus standi once the principal personally appears; appeal struck out with costs.
Civil procedure – locus standi – power of attorney – effect of principal’s personal appearance in trial proceedings; representation by advocate does not cure party defect; amendment to substitute party – when not permissible.
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9 August 2022 |
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The applicant failed to prove a right of way; appellate court declined to disturb concurrent factual findings.
Land – Easement/right of way – burden to prove acquisition of right – alternative access – concurrent findings of trial and first appellate tribunals – limits of second appeal; credibility and locus in quo inspection.
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9 August 2022 |
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Applicant failed to prove ownership, trespass or extrinsic fraud; suit dismissed for lack of merit.
Land law – proof of title and ownership – burden of proof in ex parte proceedings; pleading and proof of fraud – need for particularity and extrinsic fraud to vitiate prior judgment; requirement that pleadings match evidence; trespass claims require specific identification of parcels.
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9 August 2022 |
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Appeal dismissed: tribunal properly investigated ownership claim, sale agreement was inconclusive and appellants were not denied hearing.
Civil procedure — Objection to attachment and investigation under Order XXI Rule 57(1) CPC — Court’s duty to investigate claims to attached property
Evidence — Proof of ownership — Sale agreement must clearly identify buyers; photocopy raising ambiguity insufficient. Civil procedure — Joinder/necessary parties — Interested family members aware of proceedings must seek joinder or risk exclusion. Constitutional/fundamental rights — Right to be heard — No breach where party had opportunity but failed to join or appear
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9 August 2022 |
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Omission of one assessor’s opinion and non-joinder did not vitiate judgment; appellant failed to prove ownership, appeal dismissed.
Land law — trial irregularity — assessors’ opinions — section 45 Land Disputes Courts Act cures non-prejudicial omissions; Civil procedure — non-joinder of alleged necessary party immaterial where person testified; Evidence — ownership must be proved on balance of probabilities; Tribunal may decide ownership where issue is properly framed.
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9 August 2022 |
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Whether the plaintiff's land claim is time‑barred and whether the plaintiff has a viable cause of action against the respondent.
Civil procedure – preliminary objections – limitation of actions – Item 22, Part I, Schedule to the Limitation Act – accrual of cause of action; pleading requirements for claiming exemption (Order VII r.6 CPC). Land law – allocation, administrative demarcation and competing claims to a plot; effect of prior allocation and possession on cause of action
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9 August 2022 |
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Plaintiff's trespass claim dismissed because the plaint failed to disclose a cause of action or proof of ownership.
Civil procedure – Preliminary objection – requirements for a pure point of law and when it may dispose of a suit. Cause of action – plaint must disclose facts giving right to relief; trespass claim requires proof of ownership (Certificate of Title/Letter of Offer). Order VII Rule 11(a) CPC – plaint that does not disclose a cause of action is to be rejected. Limitation raised but not determined as matter was disposed on cause of action
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9 August 2022 |
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Whether the 60‑day period for lodging a Bill of Costs runs from pronouncement or from when certified copies are obtainable.
Advocates Remuneration Order GN.264/2015 – Order 4 – computation of 60‑day period for filing Bill of Costs; time runs from date certified judgment/decree are obtainable; exclusion of time spent awaiting certified copies; restoration of bill where wrongly dismissed as time‑barred.
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6 August 2022 |
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Leave to appeal granted where applicant raised an arguable issue whether dismissal for late filing should have been a strike-out.
Appellate Jurisdiction Act s.5(1)(c) – leave to appeal – leave discretionary and granted where arguable issues arise; court may correct clerical errors in pleadings; contested/not-contested applications; test for leave to appeal (BBC v Ng'maryo).
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5 August 2022 |
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Appellants failed to prove ownership as they did not call material witnesses and relied on an identification-only document.
Land law – ownership dispute over residential property – competing purchase claims
Evidence – burden of proof under section 110 Evidence Act – duty of claimants to call material witnesses
Evidence – documents admitted for identification only have no probative force
Evidence – competency of sick/elderly witness – trial tribunal best placed to assess; objections must be raised at trial
Title – residential licence/certificate not conclusive where seller disowns transaction and fraud alleged; necessary joinder of issuing authority
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4 August 2022 |
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Applicant failed to prove error, contempt elements, or jurisdictional basis to revise Tribunal’s committal and vehicle-return orders.
Revision — High Court's power under s.43(1)(b) LDCA — error material to merits involving injustice required to revise Tribunal orders
Contempt — civil committal — elements: formal order, notice, wilful disobedience — proof beyond reasonable doubt
Jurisdiction — District Land and Housing Tribunal lacks jurisdiction to adjudicate recovery of motor vehicles; such claims belong to ordinary civil courts. Natural justice — allegations must be specifically pleaded and proved
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3 August 2022 |
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Court exercised its discretion and granted the applicant 45 days to file a Notice of Appeal out of time.
Appellate procedure – extension of time – application under section 11(1) Appellate Jurisdiction Act – time to lodge Notice of Appeal under Court of Appeal Rules, r.83(1)(2). Procedural requirement – supply/attachment of impugned judgment – not necessary to attach copies when filing Notice of Appeal application. Judicial discretion – grant of extension of time and fixing of period to file Notice of Appeal (45 days)
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3 August 2022 |
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Extension of time granted where most delay resulted from awaiting certified judgment copies; remaining delay not inordinate.
Extension of time — Law of Limitation Act s.14 — waiting for certified copies of judgment — exclusion of awaiting period from limitation — requirement to account for each day of delay — alleged illegality not considered where sufficient cause established.
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3 August 2022 |
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Beneficiaries lacked locus standi in estate proceedings; incompetent application struck out with costs.
Probate and administration of estates – locus standi of beneficiaries – beneficiaries cannot sue in respect of estate matters administered by Administrator General; Civil procedure – competence of application – incorrect enabling provision; Preliminary objections – points of law may be raised at any stage; Remedy for incompetent application – strike out, not dismissal.
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3 August 2022 |
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A short unexplained five-day delay, with prompt action and no prejudice, justified extension to file the intended appeal.
Land law – Extension of time to appeal under Section 41(2) Land Disputes Courts Act – Good cause – Certified copies and short delay – Network/payment complications – Prejudice to respondent.
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3 August 2022 |
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Court corrected a mis-cited provision and granted a temporary injunction after finding a triable issue, risk of irreparable harm, and favourable balance of convenience.
Civil Procedure – Temporary injunctions – Order XXXVII Rule 1(a) CPC; incorrect citation curable by slip-of-the-pen and overriding objective; Atilio v Mbowe criteria (prima facie case, irreparable harm, balance of convenience); interlocutory stage cannot prejudge main controversy; risk of disposal of land as ground for injunction.
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2 August 2022 |
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Extension of time to appeal granted where unchallenged sickness and absence, supported by evidence, constituted sufficient cause.
Land law – extension of time to appeal under s.41(2) LDCA – sufficiency of cause – sickness and absence from jurisdiction as grounds for delay – evidential proof from traditional medical practitioner and corroborating community letter – exercise of judicial discretion – diligence after earlier strike-out.
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1 August 2022 |