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Citation
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Judgment date
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| September 2022 |
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A jurisdictional illegality apparent on the record justified extension of time to file an appeal.
Land law – extension of time to appeal – section 41(2) Land Disputes Courts Act; "good cause" requirement – illegality on face of record; jurisdictional defect as sufficient cause; certified copy delay; exercise of judicial discretion.
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27 September 2022 |
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Plaintiffs failed to prove ownership; evidence favored defendant’s title, leading to declaration of title, eviction and injunction.
Land dispute — burden of proof in civil land claims — natural occupation insufficient without documentary proof — Certificates of Title/land rent receipts and official minutes substantiate ownership — remedy: declaration of title, eviction, injunction and demolition; costs awarded.
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27 September 2022 |
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Applicant failed to justify delay; wrong forum filing and no pleaded illegality, so extension of time denied.
Extension of time – discretionary relief – applicant must account for each day of delay; Section 38(1) L.D.C.A. not applicable to appeals from District Land and Housing Tribunal; misfiling of appeal at Tribunal renders delay unjustified; illegality must be specifically pleaded to ground extension.
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27 September 2022 |
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Applicant failed to prove a timely request for judgment copy and thus could not benefit from statutory exclusion of delay under Section 19 LLA.
Civil procedure – extension of time – requirements for sufficient reasons (accounting for delay, diligence) – Lyamuya factors. Limitation law – Section 19 LLA – automatic exclusion while awaiting copy of judgment – necessity of proving request and supply dates on record. Appeals from District Land and Housing Tribunal – practical alternative of perusing tribunal file to prepare grounds of appeal
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26 September 2022 |
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Representative suit leave granted; pre‑suit interim injunction refused because no suit was pending.
Civil procedure – Representative suit – Order I Rule 8 – Leave to represent multiple plaintiffs; Interim relief – Temporary injunctions governed by Order XXXVII Rules 1–2 and not available absent a pending suit; Sections 68(e) and 95 (general powers) cannot independently justify pre-suit injunctions.
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26 September 2022 |
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Extension of time refused where applicant failed to account for days of delay and relied on facts not pleaded in the affidavit.
Limitation law – extension of time under s.14(1) – applicant must show sufficient cause and account for each day of delay (Bushiri principle). Procedural law – supporting affidavit required to contain facts relied upon; submissions cannot introduce new factual foundations. Alleged illegality – unpleaded or unsubstantiated illegality does not automatically justify extension of time
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26 September 2022 |
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Proceedings vitiated where multiple chairpersons took over without reasons and assessors did not sit or participate.
Land practice — Succession of judicial officers — Failure to record reasons for successor taking over — Order XVII Rule 10 CPC; Composition of Land Tribunal — Assessors must sit throughout proceedings and participate — Section 23 Land Disputes Courts Act; Procedural irregularities going to root — Proceedings, judgment and decree vitiated and retrial ordered.
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26 September 2022 |
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On the balance of probabilities, a vague sale agreement and utility receipts did not establish respondent's ownership; appeal allowed, appellant declared owner.
Land law — ownership dispute — conflicting sale and lease agreements — validity and specificity of sale agreement; evidentiary weight of receipts, utility and tax payments; payment of rent inconsistent with claimed ownership; civil standard — balance of probabilities; appellate review of improper evaluation of evidence.
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26 September 2022 |
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The revision was barred by res judicata because a 2017 deed of settlement had finally determined the dispute.
Civil procedure – Res judicata – Deed of settlement registered by Ward Tribunal determines dispute to finality; subsequent re-measurement for execution does not reopen matter; High Court barred from revisiting settled issues.
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26 September 2022 |
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The Land Division lacks jurisdiction to appoint a Next Friend absent a linked land suit; application dismissed.
Jurisdiction – High Court (Land Division) – Whether Land Division can appoint a Next Friend absent a linked land suit –
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26 September 2022 |
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Application for leave to appeal struck out as time-barred; applicant may refile a proper, timeous application.
Land practice and procedure — leave to appeal — application for leave under s.47(1) LDCA and Rule 45(a) TCA Rules — requirement to institute within prescribed time — effect of withdrawing prior application with leave to refile — time-bar and competence of application.
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26 September 2022 |
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Omission of the Tribunal chairperson's signature on each witness's evidence vitiated proceedings and required a de novo rehearing.
Land procedure — District Land and Housing Tribunal proceedings — Requirement for presiding officer to sign each witness's testimony (Order XVIII r.5 CPC applied) — Failure to sign vitiates proceedings — Defect not curable under s.45 of Land Disputes Courts Act — Revisional powers under s.43(1)(b) — Remittal for rehearing de novo.
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23 September 2022 |
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Decree holders failed to prove the debtor had means and wilfully refused to pay; committal to civil prison denied.
Execution — committal to civil prison; Order XXI Rule 39(2) CPC — burden to prove means and refusal to pay; non-payment ≠ automatic refusal; arrest and detention as last resort; reminder notes insufficient as proof.
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23 September 2022 |
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Review to correct party names dismissed; review limited to patent errors and cannot reopen issues decided on appeal.
Review—scope limited to apparent/patent errors on face of record; review cannot re‑open pleadings or rehear evidence; correction of judgment (names) requires a glaring, self‑evident error; matters decided by Court of Appeal cannot be revisited by High Court review.
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23 September 2022 |
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Court restored a dismissed land suit where applicant’s brief unavoidable delay and counsel’s summons amounted to sufficient cause.
Land procedure – Order IX Rule 9(1) CPC – Setting aside dismissal for non-appearance – Sufficient cause where applicant delayed by traffic and counsel was summonsed to another court – Respondent’s concession – Restoration of suit.
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22 September 2022 |
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Extension of time granted where delay resulted from late receipt of certified ruling despite diligent follow-up by applicant and counsel.
Civil procedure – Extension of time – Application under section 8(1) & (2) Advocates Remuneration Order, 2015 – Delay due to late receipt of certified copy of ruling – Good cause established by diligent follow-ups – Exercise of judicial discretion (Mbogo v Shah).
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22 September 2022 |
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Affidavit hearsay paragraph expunged; court granted extension to file reference within 45 days.
Advocates Remuneration Order — extension of time to file reference; Affidavit law — hearsay and duty to disclose source (Order XIX Rule 3 CPC) — expunction of offending paragraph; Requirement to account for delay — exercise of judicial discretion to extend time.
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22 September 2022 |
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Tribunal erred by setting aside an ex‑parte judgment when only an extension‑of‑time application was before it.
Land procedure – Application for extension of time – Distinction between an application for extension and an application to set aside an ex‑parte judgment – Reliefs not prayed for cannot be granted. Civil rights – Right to be heard (audi alteram partem) – Serving of summons and opportunity to be heard – Decision on matters not before tribunal vitiates proceedings
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22 September 2022 |
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Blanket geographical description of immovable property was insufficient; plaint struck out for failure to identify individual parcels.
Civil procedure – Pleading – Description of immovable property – Order VIII r.3 Civil Procedure Code – plaint must sufficiently identify suit land (location, title/plot numbers, boundaries, neighbours or permanent features) – blanket/general descriptions insufficient – annexures do not cure lack of pleadings – particulars cannot be deferred to trial.
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22 September 2022 |
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Assessors' absence during trial and hearing parties' absence without ex parte orders rendered tribunal proceedings null, ordering retrial.
Land law — tribunal composition — assessor absence and late opinion — effect on validity of proceedings; Natural justice — right to be heard — proceeding without parties and absence of ex parte order; Pleadings — suing same person under multiple names — need to amend pleadings; Locus in quo inspection — requirement to hear defence evidence before closure of defence.
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21 September 2022 |
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Document annexed to pleadings but not tendered is inadmissible; appellants failed to prove prior purchase, appeal dismissed.
Evidence – Admissibility of documents – Annexure to pleading not tendered in evidence cannot be acted upon; must be cleared and admitted
Evidence – Burden and weight – credibility of vendor and corroboration by neighbours determine competing title claims. Land law – Proof of title – failure to produce admissible sale agreement and corroborative witnesses defeats claim to prior purchase
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21 September 2022 |
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A pending notice of appeal can require taxation to be stayed or reconsidered; taxing decision quashed and remitted for redetermination.
Civil procedure – Taxation of costs – Jurisdiction of Taxing Master where notice of appeal against underlying judgment is pending – procedural requirement to address pendency before final taxation
Costs – Reasonableness of instruction fees – Advocate Remuneration Order GN No. 264 of 2015 – court may remit taxation for reconsideration where procedural irregularity occurred
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21 September 2022 |
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A claimant must show letters of administration to sue over a deceased’s estate; absence is fatal and appeal was dismissed.
Land law – locus standi – actions concerning deceased’s estate require proof of authority (letters of administration); failure to file written submissions attracts ex parte determination; dispositive locus‑standi issue obviates consideration of other grounds.
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21 September 2022 |
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Applicant estopped from retaking land after accepting payments and plots; no contractual breach found, appeal dismissed.
Land law – sale agreements and addenda – payments and conduct altering original contract – estoppel against claim for rescission and recovery of possession; appellate re-evaluation of tribunal record; upholding trial tribunal award.
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21 September 2022 |
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Failure to produce proof of filed written submissions justified dismissal of the appeal for want of prosecution.
Procedure – Written submissions – party obliged to file within court timetable – proof of filing/payment must be produced – court not required to search records – failure to prosecute warrants dismissal.
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21 September 2022 |
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Leave to appeal granted where applicant showed prima facie arguable challenge to tribunal’s ownership finding.
• Leave to appeal – Land Disputes Courts Act s.47(2) and Appellate Jurisdiction Act s.5(1)(c); • Standard for leave – prima facie/arguable grounds; • Ownership dispute – tribunal’s finding on title may warrant appellate scrutiny; • Authorities: Sango Bay v Dresdner Bank A.G; Harban Haji Mosi v Omar Hilal Seif.
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21 September 2022 |
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Applicants failed to satisfy Attilio v Mbowe requirements; status quo application dismissed for lack of irreparable harm and unfavorable balance of convenience.
Land law – interim relief – maintenance of status quo – application to preserve occupation pending main suit. Interim injunction principles – Attilio v Mbowe test: prima facie case, irreparable harm, balance of convenience. Ownership dispute – sufficiency of village minutes and letters as proof of allocation. Public interest and planning authority – effect of ongoing public development and surveys on grant of interim relief
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20 September 2022 |
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Where testimony conflicts on land measurements, a tribunal should visit locus in quo to verify boundaries and measurements.
Land law – boundary disputes – necessity of locus in quo where evidence of measurements conflicts; interpretation of measurement notation ("M") as meters versus footsteps (miguu). Civil procedure – appellate revision under section 43(1)(b) Land Dispute Courts Act – quashing and remitting for further fact-finding
Evidence – evaluation of conflicting witness testimony and when a court should verify physical facts by site inspection
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20 September 2022 |
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Court quashed the Tribunals decision and ordered a locus in quo visit to resolve conflicting land measurement evidence.
Land law – locus in quo visits – when necessary to resolve conflicting measurements; interpretation of sale agreement measurements (metres vs footsteps); weight of witness testimony where measurer did not witness sale; revisional powers under s.43(1)(b) Land Disputes Courts Act.
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20 September 2022 |
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Dismissal for want of prosecution was premature under Regulation 15(a); restoration ordered and matter returned to the tribunal.
Land law – dismissal for want of prosecution – Regulation 15(a) GN No.174/2003 – three-month unattended period; Civil procedure – mention vs hearing stage – Regulation 8(1)&(2) inapplicable where pleadings incomplete; Evidence – hearsay – need for supporting affidavit where another person is averred to have acted; Appeal – re-evaluation of tribunal record and restoration of dismissed application.
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20 September 2022 |
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Court adopted parties’ Deed of Settlement and entered consent decree for payment and vacant possession.
Land law – consent judgment – adoption of Deed of Settlement as Court decree under Order XXIII Rule 3 Civil Procedure Code; Contract/rent arrears – payment of agreed outstanding sum; Possession – obligation to deliver vacant possession and maintain premises condition; Waiver of claims – full and final settlement, costs to be borne by each party; Binding effect – applies to parties’ successors and representatives.
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20 September 2022 |
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Plaintiff lawfully owns the plot; earlier right of occupancy was revoked for failure to develop and counterclaim dismissed.
Land law – right of occupancy – revocation for failure to develop; statutory development conditions and notice; municipal reallocation; prima facie nature of registered title; limitation/time‑bar on counterclaims; Land Ordinance s.10(f).
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20 September 2022 |
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Plaintiffs’ registered title and transfer deeds established ownership; defendants’ probate-based counterclaim was unfounded and time-barred.
Land law – registered title and transfer deeds as conclusive evidence of ownership; need for cogent evidence to rebut registration
Evidence – burden of proof on party asserting ownership; documentary evidence prevails over oral accounts
Limitation – counterclaim based on events from 1997/2005 is time-barred when filed in 2022
Jurisdiction – probate and inheritance disputes fall outside the remit of the Land Court; gender-discrimination inheritance claims unsuitable in land proceedings
Remedy – declaratory judgment and injunction to protect peaceful enjoyment of land
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19 September 2022 |
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Alleged illegality not evident on the record does not justify extension of time to set aside an ex parte judgment.
Land law – extension of time to apply to set aside ex parte judgment – requirement of sufficient cause and extraordinary circumstances. Civil procedure – illegality as ground for extension of time – must be apparent on the face of the record, not discovered by long argument. Service of process – process-server attempts and substituted service by publication – validity of ex parte proceedings. Appellate procedure – new grounds not raised in the lower court cannot be entertained on appeal
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19 September 2022 |
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Land Revision dismissed as time-barred for failure to file within 45 days; applicant ordered to pay half costs.
Civil procedure — Land Revision — statutory time limit under section 41(2) of the Land Disputes Courts Act — forty-five days to lodge appeal or revision
Limitation — absence of application for extension of time — application held time-barred under Law of Limitation Act section 3
Result — dismissal of time-barred Revision; costs awarded against applicant (half costs, taxable)
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19 September 2022 |
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Application for injunction marked settled and recorded as final order following parties' out-of-court deed of settlement.
Land law – urgent injunction application – certificate of extreme urgency; Civil Procedure – Order XXXVII Rule 1(a) – applications settled by deed of settlement; Recording out-of-court settlements as final orders where no opposition is filed.
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19 September 2022 |
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Alleged illegality not shown on the record and failure to account for delay: extension of time dismissed with costs.
Civil procedure – Extension of time – Application under s.14(1) Law of Limitation Act – Applicant must account for every day of delay and show sufficient cause
Illegality – Alleged illegality must be of sufficient importance and apparent on the face of the record to warrant enlargement of time (Lyamuya; Bushiri)
Requirements – Diligence, absence of inordinate delay, and properly pleaded grounds necessary for extension of time
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19 September 2022 |
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Revision dismissed: summons properly served, power of attorney authorized sale, no material injustice shown.
Land revision – revisionary jurisdiction under s.43(1)(b) LDCA; service of summons – affidavit of service and substituted service; settlement deed – effect and locus standi to challenge; power of attorney – scope and proof of revocation; procedural irregularity – transfer of file between chairpersons.
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19 September 2022 |
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Court dismissed respondents' preliminary objections, treating the application as an extension under section 11(1) AJA and finding the affidavit adequate.
Civil procedure – preliminary objections – whether matter raises pure points of law or requires factual inquiry (Mukisa Biscuits principle). Appellate procedure – extension of time to file Notice of Appeal – section 11(1) Appellate Jurisdiction Act
Jurisdiction/pleadings – correct framing of reliefs and whether an application is omnibus; invocation of section 3A Civil Procedure Code to construe pleadings liberally. Affidavit requirements – Order XIX Rule 3(1) CPC; distinction between argumentative matter and statements of fact/illegality
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16 September 2022 |
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Court granted interim injunction restraining auction/eviction of applicants' house pending resolution of the land suit.
Civil procedure – Temporary injunction – requirements: prima facie/serious issue, irreparable injury and balance of convenience (Atilio v Mbowe). Mortgage/loan enforcement – auction of immovable property – court may restrain sale pending resolution where sale would cause irreparable harm. Attachment and sale of immovable property – compensation may be inadequate to remedy loss of dwelling
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16 September 2022 |
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An application to set aside a dismissal already considered by the same court was dismissed as res judicata/functus officio.
Civil procedure – res judicata and functus officio – application to set aside dismissal for want of prosecution – Order VII Rule 21(a), Order IX Rule 1 and Order IX Rule 6 CPC – requirement to attach impugned order – appropriate remedy (appeal/revision).
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16 September 2022 |
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Absence of documentary proof and no necessity for joinder undermined appellant’s challenge to government allocation and eviction.
Land law – proof of ownership – requirement to tender sale agreement or documentary proof to establish purchase. Civil procedure – joinder of parties – necessity and timing of joining government entities (Ministry of Lands/Attorney General). Land allocation – government acquisition and allocation versus prior occupation – application of double allocation principle
Evidence – appellate review limited where trial tribunal’s evaluation favours party with stronger evidence
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15 September 2022 |
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Verification and res judicata objections in a land suit were held amendable and overruled; each party bears own costs.
Civil procedure – Verification of pleadings – Order VI Rule 15(2) – defective verification amendable; Advocate’s signature – omission curable; Res judicata – requires identity of parties and issues; Overriding Objective – court to prefer substantive justice over procedural technicalities; Costs – each party to bear own costs.
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15 September 2022 |
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Taxing Master lacked jurisdiction to tax consolidated bills filed outside the 60‑day statutory period; order quashed.
Advocates Remuneration Order GN No. 263 of 2015 — Order 4 — 60-day limitation for lodging bill of costs; Taxing Master jurisdiction; time-barred bills; overriding objective cannot cure jurisdictional/time-bar defects; consolidation of bills permissible only if timely or with leave.
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15 September 2022 |
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Plaintiff's compensation claim dismissed for failure to prove ownership, demolition or acquisition of the land.
Land law – acquisition and compensation – burden of proof on claimant; requirement of documentary evidence to prove ownership and valuation; uncorroborated oral testimony insufficient to establish demolition or acquisition.
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15 September 2022 |
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Plaintiff's recovery claim dismissed as time-barred after defendant's uninterrupted adverse possession exceeded twelve years.
Land law – limitation – adverse possession – 12-year limitation period – preliminary objection – pleaded possession treated as admitted where no Reply filed – adverse possession applies to surveyed land.
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15 September 2022 |
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14 September 2022 |
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Appellant failed to account for delay or prove sufficient cause to extend time to set aside an ex‑parte decree.
Land law – extension of time to apply to set aside ex‑parte decree – requirement to account for each day of delay – good cause and medical incapacity – abuse of court process and finality of litigation – judicial discretion in granting extensions.
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14 September 2022 |
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Review dismissed where applicants, having conceded a limitation objection, could not rely on alleged new evidence to reopen the matter.
Civil procedure – Review (Order XLII CPC) – whether discovery of exchequer receipt or error apparent on face of record justifies review; Concession to preliminary objection – effect of counsel’s concession and estoppel against later seeking review; Functus officio – review not a vehicle to reopen concluded preliminary objections; Limitation – 21-day period for application for leave to appear and defend; Evidentiary value of exchequer receipt as proof of filing date.
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14 September 2022 |
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Review dismissed where applicants conceded a preliminary objection and alleged 'new evidence' was an afterthought.
Order XLII CPC — Review — new and important matter or error apparent on the face of the record; Concession to preliminary objection — effect of party’s concession; Limitation — date of filing and exchequer receipt as evidence; Review vs re‑opening concluded proceedings — functus officio; Review remedy to be exercised sparingly.
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14 September 2022 |