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Citation
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Judgment date
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| November 2022 |
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Injunction refused: applicant failed to plead and prove Atilio v Mbowe elements in affidavit; submissions are not evidence.
Civil procedure – Temporary injunction – Atilio v Mbowe test – serious triable issue, irreparable injury, balance of convenience. Evidence – affidavit as proof – submissions are not evidence and cannot introduce new factual allegations. Mortgaged property – injunction to restrain sale pending suit requires pleaded and sworn facts establishing each Atilio element.
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23 November 2022 |
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23 November 2022 |
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Court entered consent judgment recording settlement for applicant’s sale, instalment payments and title deed held until full payment.
Land — Consent judgment — Recording parties’ Deed of Settlement as court orders — Instalment payment schedule and post-dated cheques — Title deed held by advocate pending full payment — Entire-agreement and no-further-claims clauses.
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23 November 2022 |
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The District Land and Housing Tribunal’s suo motu reversal without hearing violated the right to be heard; decision quashed and matter remitted.
Land law — execution proceedings — District Land and Housing Tribunal suo motu determination of execution as appeal — natural justice — right to be heard — decision procured in breach of hearing is a nullity — remittal for rehearing before another chairman. Representative suits — leave to sue on behalf of others — jurisdictional issues where land is surveyed.
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23 November 2022 |
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A one-day late appeal due to alleged payment-system failure was held time-barred and struck out with costs.
Land law – Appeals from District Land and Housing Tribunal – time limit under section 38(1) Land Disputes Courts Act – 60 days. Civil procedure – competence – filing deadline – one-day delay. Evidence – alleged payment-system failure – contemporaneous proof vs. afterthought affidavit. Procedural fairness – requirement to apply for extension of time; abuse of process where evidence is belatedly produced.
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23 November 2022 |
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Application for civil detention struck out as premature for failure to exhaust statutory execution modes under section 42.
Execution — Order XXI, Rule 28 — Application for civil imprisonment — Requirement to exhaust other execution modes under section 42 (delivery, attachment and sale) before seeking detention — Arrest/detention not party's choice but dependent on prior unsuccessful enforcement attempts.
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23 November 2022 |
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High Court lacked jurisdiction to lift a Deputy Registrar’s eviction order while appeal proceedings were pending in the Court of Appeal.
Civil procedure — jurisdiction — effect of pending appeal in the Court of Appeal on High Court’s jurisdiction to act in the same matter; execution pending appeal — Rule 11(3) Court of Appeal Rules. Execution — Deputy Registrar’s power to issue eviction order where no stay of execution has been granted. Res judicata/abuse of process — repetition of previously dismissed application for want of jurisdiction.
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22 November 2022 |
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Court overruled jurisdictional objection: pecuniary value dispute needs evidence and fresh suit permitted after struck-out tribunal proceedings.
Civil procedure – preliminary objection – jurisdictional objection based on pecuniary value must meet Mukisa Biscuits test; factual disputes on value require evidence. Land law – jurisdiction of High Court vs District Land and Housing Tribunal – fresh suit permissible after struck-out objection proceedings; appeal/refiling at same tribunal not mandatory.
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22 November 2022 |
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An earlier valid letter of offer prevails over a later certificate; the defendant's title held void ab initio.
Land law – Competing allocations – double allocation – priority of an earlier letter of offer and acceptance over a subsequently issued certificate of title. Evidence – Allegations of fraud/forgery – heightened standard of proof; unsubstantiated oral claims insufficient. Remedies – Declaration of ownership, declaration of a later certificate void ab initio, permanent injunction, costs each party to bear their own.
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22 November 2022 |
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Extension denied: applicants failed to account for days of delay and alleged illegality was not apparent on the record.
Extension of time – discretionary relief requiring good cause – applicant must account for each day of delay; sickness of a third party insufficient; illegality must be apparent on the face of the record to constitute sufficient cause.
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22 November 2022 |
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Court adopted parties’ Deed of Settlement under Order XXIII Rule 3, entering a consent decree resolving the land dispute and payments.
Land law – consent settlement – adoption of Deed of Settlement under Order XXIII Rule 3 CPC; consent judgment effect; enforcement of settlement terms (monetary payments, professional fees, reimbursement); extinguishment of further claims; each party to bear own costs.
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21 November 2022 |
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21 November 2022 |
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21 November 2022 |
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High Court granted leave to appeal on points of law concerning land ownership and disputed land size.
Land law – leave to appeal – High Court certificate required under Section 5(2)(c) AJA – applicant must show point(s) of law. Appellate procedure – discretion to grant leave – factors include clearly pleaded points of law. Land dispute – issues identified: ownership of land and correct size of disputed area. Civil procedure – ex parte hearing and substituted service by publication where respondent fails to appear.
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21 November 2022 |
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A Special Power of Attorney declared invalid by the appellate court removes the attorney’s locus to be sued; case struck out.
Power of attorney – instrument declared defective by appellate court – effect: strips purported attorney of authority; locus standi – defendant’s capacity to be sued; preliminary objection – competence of suit; case dismissed (struck out) with costs.
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21 November 2022 |
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A non-administrator lacks locus standi to sue over a deceased’s land; an administrator cannot delegate that authority.
Civil procedure – Locus standi – Claim concerning land of a deceased person must be prosecuted by the lawful administrator or person with direct legal interest; third parties lack locus standi. Estate administration – Administrator cannot delegate statutory duty to prosecute estate claims to another person. Ward Tribunal decisions – proceedings are null where instituted by person lacking locus standi.
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18 November 2022 |
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Respondent lacked locus standi to sue over deceased’s land absent letters of administration; administrators cannot delegate litigation power.
Locus standi – Suit concerning deceased’s land – Only legally appointed administrator may sue on behalf of estate; absence of letters of administration defeats locus standi; purported delegation of administrator’s litigation power invalid.
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18 November 2022 |
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Revocation of letters of administration does not undo a bona fide purchaser's title; unstamped sale is curable by paying duty.
Probate law – power of administrators to sell estate property – section 101 Probate and Administration of Estates Act. Effect of revocation – subsequent revocation of letters of administration does not invalidate prior sale to bona fide purchaser. Stamp Duty – unstamped instrument admitted in evidence is curable under section 73 Civil Procedure Code; duty to be paid under Stamp Duty Act. Heirs' consent – not required for administrator's disposal of estate property; distribution disputes to be pursued in probate proceedings. Evidence – tribunal's evaluation upheld where issue raised was not before it.
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18 November 2022 |
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Appeal allowed: tribunal relied on hearsay and lacked documentary proof of chain of title, so judgment quashed.
Land law – proof of title and chain of transfers – necessity of documentary proof of earlier transfers; Evidence – inadmissibility/unreliability of hearsay (PW3) to establish transfer; Procedural law – appellate court will not consider new issues (adverse possession) raised first on appeal; Burden of proof – court must assess sufficiency of evidence before declaring ownership.
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18 November 2022 |
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Respondent’s earlier 1975 acquisition and survivorship title prevails over appellant’s later purchase from a seller lacking good title.
Land law – description of land; priority principle and survivorship; nemo dat quod non habet (defective seller cannot pass good title); admissibility and weight of witness contradictions; agency/ratification under Law of Contract Act; effect of non-appearance where respondents are represented.
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18 November 2022 |
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A subsequent suit challenging land ownership already adjudicated is barred by res judicata and was struck out with costs.
Civil procedure – Res judicata – Section 9 Civil Procedure Code – subsequent suit on same subject matter and reliefs barred where earlier judgment declared land government property; preliminary objections; striking out and costs.
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17 November 2022 |
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Failure to serve the mandatory 90‑day statutory notice rendered the suit against the government premature and incompetent.
Civil procedure – preliminary objections – limitation: plaint must show grounds for exemption where suit is instituted after limitation (Order VII r.6; s.21 Limitation Act). Public law – Government Proceedings Act s.6(2): mandatory requirement to give 90‑day notice of intention to sue the government; non‑compliance renders suit premature/incompetent.
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17 November 2022 |
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Objectors failed to prove interest or possession in attached land; objection dismissed for lack of admissible evidence.
Order XXI R.57(1) CPC — third‑party objection to attachment; Order XXI R.58 — burden to prove interest or possession; Evidence Act s.110(1) — burden of proof; jurat requirements and incurable defect of improperly sworn affidavits; sufficiency and corroboration of sale agreements.
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17 November 2022 |
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Waiting time for certified judgment copies is automatically excluded if proof of request and supply is on record.
Land – Appeals from District Land and Housing Tribunal – limitation period – 45 days to appeal – Law of Limitation Act, section 19(2) – exclusion of time spent awaiting certified copies of judgment/decree – exclusion automatic where record proves dates of decision, request and supply (Alex Senkoro principle).
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17 November 2022 |
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Assessors' improper participation who had not heard all evidence rendered tribunal proceedings null, warranting retrial.
Land procedure – assessors’ participation – assessor absent for earlier hearing and different assessor later participating – participation by assessor who did not hear whole evidence renders proceedings null and void. Statutory provisions – Land Disputes Court Act s.23(2)-(3); assessors’ opinions must be properly given – separate written opinions; joint opinion improper where assessors did not hear whole case. Remedy – revisional powers invoked; judgment and proceedings quashed and matter remitted for retrial before another chairman.
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17 November 2022 |
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An appellate extension order from the tribunal renders an otherwise late appeal competent; non‑attachment to the memorandum is not fatal without prejudice.
Land law — Appeals — Time limits for appeals from district land tribunals — Effect of tribunal’s extension order — Requirement to attach or state extension order in memorandum — Prejudice as determinant of fatal non‑compliance.
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17 November 2022 |
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Applicant failed to show required procedural steps or prima facie grounds for leave to appeal; application dismissed with costs.
Land law — Leave to appeal under s.47(2) Land Disputes Courts Act — Leave discretionary, not automatic — Applicant must show procedural steps taken (notice of appeal) and disclose real, arguable issues or novel points of law — Failure to demonstrate prima facie grounds warrants dismissal — Risk of application being delaying tactic.
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17 November 2022 |
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Plaintiff proved title; defendants held trespassers and evicted; claimed monetary damages were not proven, costs awarded.
Land law – proof of ownership – title and transfer documents as decisive evidence; Trespass – establishment of trespass upon proof of ownership; Civil burden of proof – on balance of probabilities; Damages – requirement of documentary/sufficient evidence for quantified claims; Service and ex parte proceedings – effect of proper service and non-appearance; Review – correction of clerical errors and admission of new discovery documents.
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17 November 2022 |
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Application for extension of time to file review dismissed: alleged illegality not apparent on the record and delay unexplained.
Civil procedure — Extension of time — Application for leave to file review out of time — Applicant relied on alleged illegality in impugned decision — Illegality must be apparent on face of record to justify enlargement of time (Lyamuya). Delay — Failure to account for all days of delay and lengthy unexplained delay (about nine years) fatal to application. Review vs appeal — Court noted review sought where appeal was available; vagueness in order not shown to be manifest illegality.
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17 November 2022 |
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A household member may represent a party in a ward tribunal without power of attorney; lower tribunals' decisions confirmed.
Land law – representation in Ward Tribunals – section 18(2) Land Disputes Courts Act – relative/household member may represent without power of attorney. Civil procedure – locus standi – permissibility of lay representation in local tribunals. Evidence – burden of proof in competing purchases – weight and credibility of witnesses. Evidence – failure to call material witness – adverse inference (Hemed Said v Mohamed Mbilu). Appeal – confirmation of Ward Tribunal and DLHT findings on title and possession.
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16 November 2022 |
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Unexplained long delay and no proven jurisdictional illegality defeat extension of time to appeal Ward Tribunal decision.
Land law — extension of time to appeal — requirements to account for delay — illegality as ground for extension — limits where applicant instituted proceedings. Civil procedure — finality of Ward Tribunal decisions — mediation remarks do not necessarily negate a final judgment. Jurisdiction — pecuniary jurisdiction of Ward Tribunal — party who instituted the suit cannot later rely on lack of jurisdiction to excuse delay.
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16 November 2022 |
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Review dismissed: mere dissatisfaction with the appellate decision, without patent error, cannot justify review.
Civil Procedure — Review under Order 42 Rule 1(1) CPC — scope limited to apparent error on face of record or new evidence; not a rehearing of merits. Land law — Alleged illegality of DLHT decision vis-à-vis earlier Primary Court determination. Res judicata — applicability where earlier proceedings involve same parties and subject matter; dismissal for want of prosecution does not amount to determination on merits. Execution vs. substantive appeal — procedural characterization not a ground for review absent patent error.
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16 November 2022 |
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Sickness unsupported by proof of incapacity or accounting for delay does not justify extension of time to appeal.
Civil procedure — Extension of time — Applicant must show good cause and account for each day of delay. Medical evidence — Certificates must demonstrate incapacity or exemption from duty to justify delay. Appeal — Sickness alone, without proof of incapacity or accounting for delay, insufficient to extend time to file notice of intention to appeal.
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16 November 2022 |
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Applicant failed to account for inordinate delay; extension of time to appeal was denied.
Extension of time – application under section 38(1) LDCA – requirement to account for each day of delay – inordinate delay – matrimonial/family problems as alleged cause – distinguishing precedent where applicant was incarcerated.
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16 November 2022 |
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Court granted status‑quo injunction pending challenge to rectification of land titles, finding Atilio criteria satisfied.
Land law – Interim injunction to maintain status quo pending challenge to rectification of title – Application of Atilio v Mbowe principles: serious question to be tried, irreparable harm, balance of convenience – Rectification of registers may cause irreparable loss.
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16 November 2022 |
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Applicant granted 30 days to file appeal after court found delay excusable due to reliance on legal aid and technical delays.
Land law – extension of time – section 41(2) Land Disputes Courts Act – discretion to grant extension; good cause standard. Procedural law – technical delay and reliance on legal aid/counsel – oversights not amounting to gross negligence can justify enlargement of time. Judicial discretion – exercised according to rules of reason and justice (Mbogo principle).
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16 November 2022 |
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Interim injunction granted to restrain sale of mortgaged properties where prima facie dispute, irreparable harm and balance of convenience favored applicant.
Land — interim injunction — Atilio v Mbowe test — prima facie case, irreparable harm, balance of convenience — borrower’s interest in mortgaged property — restraint on sale pending suit.
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15 November 2022 |
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Revision is incompetent where an appeal lies and no exceptional circumstances justify foregoing appeal.
Civil procedure – Revision v Appeal – revision not a substitute for appeal where appeal exists; Land Disputes Courts Act s.43(1)(b) – revisional jurisdiction; Regulation 24 GN 174/2003 – appeals from DLHT execution orders; Revisional jurisdiction exceptions: no appeal, blocked appeal, non-party, or exceptional circumstances; Failure to plead reasons for foregoing appeal – application incompetent.
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15 November 2022 |
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Applicants failed to show good cause or account for each day of delay; extension of time to appeal was refused.
Land law – Extension of time to appeal – Requirement to show "good cause" and account for each day of delay – Delay allegedly due to late supply of certified copies – Applicants failed to account for initial 14-day and subsequent 21-day delays – Application dismissed.
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14 November 2022 |
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Omission of the place in the jurat rendered the affidavit incurably defective; injunction application struck out with costs.
Affidavit — verification and source of information — factual vs legal objection (Mukisa Biscuits); Jurat requirements — section 8 Notaries Public and Commissioner for Oaths Act — omission of place of attestation renders affidavit incurably defective; application struck out with costs.
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14 November 2022 |
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Applicant failed to account for lengthy delay; negligence of advocate did not justify extension of time.
Extension of time – applicant must account for delay; documents purportedly filed must show court filing indicia (case number, seal, receipt); negligence of advocate is not sufficient cause; alleged illegality must be apparent on face of record.
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14 November 2022 |
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Applicant's suit barred by constructive res judicata; Court functus officio and suit dismissed with costs.
Land jurisdiction – scope of High Court (Land Division) – whether challenge to mortgage and repossession constitutes a land matter. Res judicata – constructive res judicata where earlier suit on same plot was dismissed – Paniel Lotta fivefold test. Functus officio – effect of prior final disposal (including dismissal) barring subsequent proceedings. Preliminary objections – dispositive effect of res judicata on other objections.
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14 November 2022 |
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Leave to appeal refused where revision was time-barred and no prima facie or novel point of law arose.
Appellate procedure – leave to appeal – requirement of prima facie/arguable appeal or issue of general importance before granting leave. Civil procedure – revision – jurisdictional scope in revising Ward Tribunal and District Land and Housing Tribunal proceedings. Limitation – time-bar as a ground for dismissal and as determinative of leave to appeal.
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14 November 2022 |
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Application for interim stay of demolition struck out as incompetent because the relief sought was unclear.
Interim relief — maintenance of status quo v. Mareva injunction; requirement for clear and specific relief in chamber summons; competence of application; Section 2(3) Judicature and Application of Laws Act invoked only where law is silent; injunction prerequisites — triable issue and irreparable harm.
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14 November 2022 |
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Extension of time denied: applicant failed to account for delay and advocate error did not justify enlargement of time.
Civil procedure – extension of time to file Notice of Appeal; requirement to account for every day of delay; advocate negligence not ordinarily sufficient ground for enlargement of time; alleged illegality must be apparent on the face of the record to excuse strict accounting.
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14 November 2022 |
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10 November 2022 |
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Extension of time refused for failure to account for delay; civil prisoner released conditionally to repay outstanding debt.
Civil procedure – Extension of time – applicant must account for each day of delay and show good cause. Civil procedure – Illegality as ground for extension of time must be apparent on the face of the record. Civil procedure – Validity of affidavit where deponent is a company director. Execution – Stay of execution is inappropriate where decree has been executed; court may release civil prisoner under Order XXI Rule 39(3) subject to conditions.
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10 November 2022 |
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Preliminary objections on limitation, cause of action and verification were overruled; factual disputes require evidence.
Land law – limitation and adverse possession – period runs from date cause of action arose; Preliminary objections – factual disputes unsuitable for disposal without evidence; Civil Procedure – cause of action; verification and signature of plaint – substantial compliance and amendability.
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10 November 2022 |
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Extension of time granted where delay was caused by defective and late supply of tribunal records; applicant acted diligently.
Extension of time – delay caused by defective/late supply of tribunal records – applicant’s diligence – good cause shown – extension granted without costs with time limit.
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10 November 2022 |
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Appellate tribunal properly disposed appeal on lack of locus standi, quashed void proceedings; costs remained discretionary.
Land law – locus standi; appellate courts may dispose of appeals on a single dispositive ground; time-bar issues not raised at trial may not be entertained on appeal; costs are discretionary, not automatic.
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10 November 2022 |