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Citation
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Judgment date
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| 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 |
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Extension of time refused where technical delay was unpleaded and good cause was not established in the affidavit.
Extension of time – requirement to show good cause; technical delay – must be pleaded and proved in affidavit; submissions are not evidence; res sub judice and stay – failure to timely raise risks; applicant must account for each day of delay.
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13 September 2022 |
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Extension of time to file notice of appeal refused for failure to account for each day of delay.
Civil procedure – extension of time to file notice of appeal – application under s.11(1) AJA and s.95 CPC – discretion is judicial and governed by Lyamuya guidelines. Requirement to account for each day of delay – Bushiri principle that even a single day must be explained. Alleged counsel error or concession does not automatically constitute sufficient cause for extension absent proper accounting and diligence.
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13 September 2022 |
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Application struck out because advocate-sworn affidavit lacked proof of authority, contained hearsay and a defective verification clause.
Civil Procedure – affidavits – advocate swearing affidavit for client – advocate may depose only to matters within personal knowledge; proof of authority and mode of obtaining court records required. Evidence – hearsay – information from court records must be shown how and when obtained to qualify as personal knowledge. Verification clause – must disclose sources of information and grounds of belief and distinguish knowledge from understanding.
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12 September 2022 |
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Appellant failed to prove ownership; Tribunal correctly found respondent lawful owner and appeal dismissed with costs.
Land law – ownership dispute over registered land; proof of title and burden of proof. Evidence – evaluation and weight of documents tendered after dispute; minor’s capacity to hold title. Personal names – effect of multiple names and registered Deed Poll on ownership claims. Civil procedure – Tribunal's factual findings upheld absent demonstrable error.
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9 September 2022 |
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A revision application is incompetent where an appeal against the same tribunal decision is already pending in the same court.
Civil procedure – Revision v appeal – Principle against invoking revisional jurisdiction where an appeal on the same decision is pending ("riding two horses"); applies even to strangers/interested parties who were not parties in the trial tribunal; competence and abuse of process.
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9 September 2022 |
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The plaintiff's action based on an alleged oral land sale was time‑barred and dismissed with costs.
Limitation of actions – Cause of action arising in 2012 – Suit founded on contract – Paragraph 7, First Schedule, Law of Limitation Act, Cap. 89 – Time‑barred; Power of Attorney executed abroad (territorial limitation); Joinder/privity of contract argued.
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9 September 2022 |
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Without documentary proof of a gift, the 1st respondent could not pass good title to the 2nd respondent.
Land law – transfer by gift – requirement of Deed of Gift or documentary proof to pass title. Property transfer – nemo dat quod non habet: one without legal title cannot pass good title to another. Evidentiary requirement – absence of written sale agreement or title documents renders purported sale null. Appellate review – first appellate court entitled to re-evaluate evidence and reach its own conclusion.
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9 September 2022 |
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Alleged illegality (non-summons/denial of hearing) can justify extension of time to apply to set aside an ex parte judgment.
Civil procedure – extension of time – discretion to be exercised judicially – applicant must show good cause. Illegality – alleged denial of right to be heard / non-summons – may constitute sufficient cause for extension. Ex parte judgments – requirement to inform absent party when judgment is delivered; right to be heard. Limitation law – section 14(1) Law of Limitation Act – principles in Lyamuya and Valambhia applied.
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8 September 2022 |
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Technical defects and counsel’s mistakes can justify extension of time to file a Notice of Appeal if the applicant shows diligence.
Appellate jurisdiction — extension of time under section 11(1) AJA — sufficient/good cause — technical defects and counsel’s errors as grounds for enlargement of time — duty to account for delay and demonstrate diligence — authorities: Fortunatus Masha and subsequent cases.
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8 September 2022 |
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Unexplained delay and non-apparent illegality do not justify extension of time for revision.
Land law – extension of time to apply for revision – applicant must adequately explain delay; allegations of illegality must appear on the face of the record to justify extension; assessors’ opinions – requirement and effect when on record; combined applications – permissible to avoid multiplicity of proceedings.
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8 September 2022 |
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Delay in obtaining certified copies and verified illness can constitute good cause for extension of time to appeal.
Land law — Extension of time — delay in obtaining certified copies of proceedings, judgment and decree; illness as sufficient cause — factors for granting extension (account for each day, promptness, diligence, prejudice, arguable point of law).
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8 September 2022 |
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Delay in obtaining certified copies and medical incapacity justified a 14-day extension to file an appeal.
Land law – Extension of time under s.41(2) Land Disputes Courts Act – Delay in supply of certified copies of proceedings as good cause – Sickness (outpatient) with medical evidence can constitute good cause – Applicant must account for period of delay and show diligence.
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8 September 2022 |
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Preliminary objection on limitation overruled where disputed factual question of when cause of action arose must be determined on evidence.
Land — Limitation — Suit alleged time‑barred — Preliminary objection inappropriate where date of cause of action is disputed fact requiring evidence — Preliminary objection must raise a pure point of law.
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8 September 2022 |