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Citation
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Judgment date
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| October 2022 |
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Applicant failed to show sufficient cause to set aside abatement for not substituting a legal representative within 90 days.
Civil procedure – Abatement and restoration – Order XXII Rules 3 & 9 CPC – Substitution of legal representative within 90 days – Time runs from death – Formal probate not prerequisite – Failure to show sufficient cause warrants dismissal.
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28 October 2022 |
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Leave to appeal granted because applicant’s grounds disclosed an arguable appeal on burden, evidence evaluation and reliefs.
Civil procedure – leave to appeal – discretionary power of High Court – focus on whether intended appeal raises arguable issues, questions of general importance or novel points of law; Evidence – allegations of shifting burden of proof and failure to re-evaluate evidence as grounds for arguable appeal; Reliefs – challenge to determination of reliefs may warrant appellate intervention; Relevant law: Land Disputes Courts Act s.47, Appellate Jurisdiction Act s.5(1)(c), Court of Appeal Rules Rule 45(a), Civil Procedure Code s.95.
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27 October 2022 |
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Plaintiff’s suit dismissed for failure to comply with court orders after procedural non‑compliance by parties.
Civil procedure – preliminary objections – failure to file ordered written submissions – dismissal for want of prosecution; procedural compliance – parties’ failure to address competence – dismissal of suit; court orders – binding nature and consequences of non‑compliance.
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27 October 2022 |
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Applicant failed to satisfy Atilio criteria for an interim injunction; application dismissed with costs.
Civil Procedure – Interim injunction – Application under Order XXXVII Rule 1(a) and sections 68(c), 95 CPC – Applicant must satisfy Atilio v Mbowe three‑part test (serious triable issue, irreparable injury, balance of convenience). Parties – Proper parties and locus standi – court considered whether application was brought against correct parties. Evidence – Allegations of confiscation/demolition insufficiently linked to respondents; denial of involvement undermined grant of interlocutory relief.
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27 October 2022 |
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Change of chairperson without recorded reasons and unsigned witness evidence render tribunal proceedings null; retrial ordered.
Land law — Procedural irregularities in tribunal proceedings — Succession of chairpersons without reasons — Jurisdiction and nullity; Assessors’ questions — proper stage; Mandatory signing of witness evidence — authentication and incurable irregularity; Revisionary powers — order for retrial de novo.
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27 October 2022 |
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Court overruled preliminary objections on limitation, cause of action, and compensation for lack of proof.
Land law – limitation period – accrual of cause of action – limitation runs from date of disposition of land; inability to prove disposition date defeats time-bar objection. Civil procedure – cause of action – sufficiency of plaint; allegations of non-citizenship unproven and do not defeat plaint at preliminary stage. Procedural remedy – dispute over unpaid compensation is a factual matter for trial or counterclaim, not a preliminary objection.
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27 October 2022 |
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Application to restore dismissed land appeal denied for failure to show sufficient cause; advocate's negligence imputed to applicant.
Civil Procedure — Order IX Rule 6(1) — Setting aside dismissal for non-appearance — "Sufficient cause" required. Evidence — Adequacy of proof for claimed reasons (bus tickets insufficient to prove funeral attendance). Legal representation — Negligence of advocate imputable to client; client cannot benefit from advocate's default (Kepha Huzi precedent). Restoration of proceedings — applicant must show satisfactory cause to warrant restoration.
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27 October 2022 |
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Leave to appeal granted where grounds raised prima facie arguable points on land ownership, survey nullification and burden of proof.
Land law – leave to appeal under s.47(2) Land Disputes Courts Act – discretionary grant where grounds disclose prima facie/arguable appeal; issues include ownership proof, nullification of survey versus resurvey, applicable burden of proof (ss.110/111 v s.119 Evidence Act), re-evaluation of evidence, and retrospectivity/applicability of planning/survey statutes.
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26 October 2022 |
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Leave to appeal refused where affidavit failed to disclose specific prima facie or arguable grounds.
Leave to Appeal – Requirements for grant of leave – need for prima facie/arguable grounds or novel point of law; supporting affidavit must specifically plead grounds; court will not accept new points raised only in oral submissions; mere assertion of illegality insufficient.
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26 October 2022 |
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Applicant's failure to prove marriage meant the mortgage's spousal-consent requirements were not displaced; appeal dismissed.
Land law – Mortgage validity – requirement of spousal consent for matrimonial home under the Land Act; proof of marriage under the Law of Marriage Act (Section 55); Civil procedure – jurisdictional limits of District Land and Housing Tribunal regarding matrimonial disputes; Evidence – burden to prove marital status by admissible documents, not mere occupation.
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26 October 2022 |
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Appellant failed to overturn tribunal’s finding that respondent proved land ownership by admissible documentary evidence.
Land law – proof of title – burden of proof on balance of probabilities; documentary evidence admitted without objection carries significant weight. Evidence – credibility and weight – court may distrust documents that appear anachronistic or computer‑generated for an earlier era. Procedure – substitution/joinder of administrator where defendant dies during proceedings; no need to reopen where administrator steps in and files requisite form. Civil practice – failure to challenge exhibits or cross‑examine on key inconsistencies can render such objections an afterthought.
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26 October 2022 |
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Advocate’s sickness may justify restoring a dismissed matter, but repeated non-appearance and lack of explanation warrant dismissal with costs.
Land procedure – setting aside dismissal for want of prosecution – advocate’s sickness as ground – need for adequate explanation and supporting affidavit – cumulative non-appearance justifying dismissal – duty to notify court or appear personally.
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26 October 2022 |
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Applicant's delay in filing an appeal was not excused; alleged illegalities were not apparent on the face of the record.
Land — Extension of time to appeal — requirement to show sufficient cause; applicant must account for each day of delay; alleged illegality must be apparent on face of record (Lyamuya principle); financial hardship requires credible, specific proof.
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26 October 2022 |
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Medical evidence was insufficient to show good cause to set aside the ex-parte judgment; application dismissed with costs.
Civil procedure – setting aside ex-parte judgment – requirement to show 'good cause' under s.95 and Order VIII r.15(1) CPC – medical evidence as proof of sickness – sufficiency and timing of medical chits – prior extension of time and failure to comply – irrelevance of property transfer to setting aside application.
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26 October 2022 |
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Res judicata and functus officio objections overruled where prior proceedings did not decide the same land dispute and reliefs.
Land law — res judicata (s.9 CPC) — identity of subject matter — requirement that matter be directly and substantially in issue in former suit — functus officio — preliminary objections and need for evidence to establish identity of land and reliefs.
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26 October 2022 |
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Subsequent suit challenging the same mortgage was barred as abuse of process/res judicata; suit struck out with costs.
Land law – res judicata/abuse of process – functus officio where prior dismissal finally disposed of same subject matter; Civil procedure – preliminary objections on limitation and Order IX compliance; Reliefs/substance over form in determining same cause of action.
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26 October 2022 |
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First objection (time bar) overruled; second objection (amendment beyond court order) sustained — plaintiffs changed parties without leave.
Land law — preliminary objections — limitation: compensation under Item 1 of the Law of Limitation Act — private promise vs. claims "in pursuance of any written law"; Civil procedure — amendment of pleadings — compliance with court orders — adding/removing parties requires leave of court; non‑compliance may amount to contempt.
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25 October 2022 |
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Amending a plaint beyond a court’s leave by changing parties justifies striking out the suit; limitation objection was dismissed.
Civil procedure – preliminary objections – limitation of actions – distinction between compensation pursuant to written law and private commitments under Limitation Act. Civil procedure – amendment of pleadings – parties – requirement to seek leave before changing parties – compliance with specific court orders. Failure to comply with court orders may result in striking out of suit and costs.
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25 October 2022 |
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Failure to attach lower tribunal proceedings does not invalidate a High Court revision application under the Land Disputes Courts Act.
Land law – Revision – Whether attachment of lower tribunal proceedings is required in High Court revision applications – Sections 41(1) and 43(1)(a),(b) Land Disputes Courts Act – Distinction between Court of Appeal and High Court practice.
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25 October 2022 |
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Applicant's request for extension was dismissed; delay blamed on applicant's negligence and alleged illegality was not facially apparent.
Civil procedure – Extension of time – whether delay in supply of certified copies by trial tribunal constitutes sufficient cause; burden to show timely follow-ups and explain days of delay. Appeal – grounds of illegality – illegality must be apparent on the face of the record to support extension of time. Evidence – applicant must account for all periods of delay and provide concrete proof of attempts to obtain records.
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25 October 2022 |
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Extension refused: delay not accounted and alleged illegality not apparent on the record.
Land law – Extension of time to appeal under section 41(2) Land Disputes Courts Act; requirements for good cause (promptness, explanation, diligence, accounting for delay); illegality as ground for extension only if apparent on face of record; alleged matrimonial property sale not an apparent illegality; ignorance of law or lack of legal representation not a sufficient ground.
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25 October 2022 |
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Applicant failed to account for each day of delay and did not show apparent illegality; extension denied, application dismissed with costs.
• Civil procedure – extension of time – requirement to account for each day of delay – discretionary but judicially exercised power.
• Limitation law – section 14 – sufficiency of cause and inordinate/unexplained delay.
• Illegality as ground for extension – must be apparent on the face of the record.
• Relevance of separate taxation/Bill of Costs proceedings when challenging an abatement order.
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25 October 2022 |
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Application withdrawn with leave to refile; respondents awarded half costs due to defective affidavits.
Civil procedure — withdrawal of application with leave to refile — defective jurat in affidavits — court-raised (suo motu) procedural defect — award of costs — half costs to be taxed.
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25 October 2022 |
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Failure to sue the correct corporate authority and to issue mandatory 90‑day notice warranted striking out the land suit.
Land — Preliminary objections — improper impleading — corporate bodies must be sued in their corporate names; Local Government (Urban Authorities) Act s.14(1)(b); Local Government Proceedings Act s.190(1) — mandatory 90‑day notice to sue local government; amendment/overriding objective cannot cure failure to sue correct party or to issue mandatory notice; striking out remedy.
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24 October 2022 |
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A bona fide purchaser who registered and substantially developed land is protected despite an agent’s ambiguous sale without clear principal consent.
Land law – sale by agent – agency and consent; bona fide purchaser for value; protection under s.135 Land Act; nemo dat quod non habet; substantial development as bar to disturbing purchaser.
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24 October 2022 |
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Alternating or absent assessors without recorded reasons nullify tribunal proceedings and require retrial.
Land Disputes Courts Act s.23(3) – assessors’ attendance and participation – assessors must actively participate from commencement to conclusion – alternating or resuming participation without record/re-appointment causes irregularity and nullity – proceedings quashed and remitted for retrial.
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24 October 2022 |
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An application for detention of a judgment debtor is premature unless statutory execution remedies have first been exhausted.
Civil Procedure — Execution — Order XXI Rule 35(1) — Application for arrest and detention of judgment debtor as civil prisoner — Premature if other statutory modes of execution not exhausted. Execution — Section 42 CPC — Modes of execution: delivery of specifically decreed property; attachment and sale or sale without attachment — must be attempted before detention. Procedural competence — Court may sua sponte strike out premature execution applications.
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24 October 2022 |
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Court granted temporary injunction preventing sale/auction of matrimonial home pending determination of claim that mortgage lacked spousal consent.
Land law – temporary injunction – Atilio v. Mbowe principles: prima facie/triable issue, irreparable injury, balance of convenience – matrimonial home used as security – alleged lack of spousal consent – interlocutory restraint on sale/auction pending main suit.
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24 October 2022 |
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DLHT cannot execute demolition orders that were never made by the Ward Tribunal; referral only directs pursuit in a competent forum.
Land law – enforcement of Ward Tribunal orders – s.16(3) Land Disputes Courts Act – DLHT may enforce Ward Tribunal orders only where such orders exist; referral to DLHT for assistance does not constitute an order for demolition but authorizes pursuing remedy in a competent forum.
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24 October 2022 |
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A disallowed objection in execution does not bar a declaratory suit; Order XXI r.62 permits a fresh suit to establish title.
Land law – preliminary objections – functus officio – Order XXI Rules 57–62 CPC – right to institute fresh suit after disallowed objection in execution – locus standi – res judicata.
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24 October 2022 |
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A 19‑day delay after certification, explained by lack of funds and delay in obtaining judgment copy, justified extension to appeal.
Application for extension of time – delay in obtaining certified judgment – 19-day delay after certification not inordinate – lack of funds and obtaining legal aid can constitute sufficient cause – discretion to grant extension – no order as to costs.
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24 October 2022 |
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Court granted temporary injunction preventing sale of mortgaged properties pending suit after applicant showed prima facie case and irreparable harm.
Land — Temporary injunction — Mortgaged property — Prima facie case, irreparable harm and balance of convenience — Effect of failure to file counter-affidavit/non-contestation on interim relief.
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24 October 2022 |
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Interim injunction granted to preserve mortgaged premises pending trial after applicant showed triable issues, irreparable harm, and favorable balance of convenience.
Civil procedure – interlocutory injunction – application under Order XXXVII Rule 1 and Section 95 – Atilio v Mbowe test: prima facie case, irreparable injury, balance of convenience – mortgagee’s right to sell vis-à-vis need to preserve property pending trial.
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24 October 2022 |
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A revision against a tribunal decision is not res judicata where the earlier dismissal arose from that tribunal’s prior decision.
Civil procedure – res judicata (section 9 CPC) – conditions for application (same issue, same parties/privies, same title, competent court, finally decided) – applicability to revision of lower tribunal decision. Abuse of court process – where preliminary objection based on res judicata fails, abuse limb need not be considered.
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21 October 2022 |
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Applicant's extension to appeal denied for failing to prove delay and justify special circumstances.
Extension of time – requirement to show good cause; Law of Limitation Act s.19(2) – exclusion of time for obtaining copies; necessity of proving date of request and date of supply; insufficiency of unsupported averments; special circumstances must be substantiated; dismissal with costs.
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21 October 2022 |
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Extension of time granted where caregiver duties and related financial constraints amounted to sufficient cause.
Land appeal — Extension of time — Sufficient cause — Caregiving for seriously ill family member and attendant financial constraints — Evidentiary value of medical annexures — Discretionary extension to file notice of appeal and leave application.
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21 October 2022 |
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Interim injunction granted restraining valuation/compensation pending trial after applicant showed prima facie case and irreparable harm.
Land law – interim injunction; application to restrain valuation and compensation pending litigation; requirements: prima facie/triable case, irreparable loss, balance of convenience; ownership and overtaken-by-event issues to be resolved at trial.
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21 October 2022 |
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Appeal allowed: unstamped lease excluded, tribunal’s decision set aside, outstanding rent payable to original lessor.
Land law — tenancy disputes — unstamped document inadmissible unless stamp duty paid (court may allow payment and penalty post-admission); assessors — chairman may proceed where assessors' tenure has expired; proof of ownership/agency — documentary evidence required before directing rent payment to third party; burden of proof — lies on party alleging ownership/entitlement.
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21 October 2022 |
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21 October 2022 |
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Leave to appeal granted where on-record alleged illegalities raised prima facie arguable issues warranting appellate review.
Land appeal — leave to appeal to Court of Appeal under s.47(2) LDCA — discretion to grant leave not automatic — leave when proposed appeal raises prima facie/arguable issues or novel point of law — alleged illegalities on record may justify leave even if not argued below.
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20 October 2022 |
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Dismissal on mention date without hearing parties breached natural justice; proceedings nullified and remitted for rehearing.
Land law; preliminary objection – res judicata; distinction between mention and hearing dates; right to be heard and natural justice; nullification and remittal where parties not heard.
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20 October 2022 |
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Plaintiff proved ownership; government acquisition was procedurally defective, so compensation and damages were ordered after valuation.
Land law – Ownership by sale agreement and long occupation; Public land acquisition – requirements under Land Acquisition Act (notice, service, publication, compensation) and consequences of non-compliance; Burden of proof and shifting on disputed documents/forgery allegations; Reliefs – independent valuation, compensation, general damages and indemnity between public bodies.
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20 October 2022 |
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Extension of time denied where illness evidence was vague and alleged trial irregularities were afterthoughts.
Land law – extension of time – applicant must account for delay and show diligence; sickness requires specific evidence of incapacity; alleged illegalities must relate to decision being challenged and not be afterthoughts; Lyamuya principles; Devram Valambhia principle on illegality.
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20 October 2022 |
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Confusing electronic court notices can amount to sufficient cause to set aside dismissal and restore proceedings.
Civil procedure – Order IX Rule 3 CPC – setting aside dismissal for non-appearance – restoration of proceedings. Evidence – electronic court notifications – authenticity and effect of misleading court messages as grounds for restoration. Default – distinction between genuine confusion caused by court communications and negligence of parties.
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20 October 2022 |
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Revision barred where impugned tribunal order is interlocutory and applicant pursued incorrect procedural remedy.
Land law – Revisional jurisdiction – s.43(1)(b) Land Disputes Courts Act vis-à-vis s.79(2) Civil Procedure Code; interlocutory/restoration orders; wrong procedure — setting aside ex parte/restoration orders before the tribunal; substituted service and timeliness issues not remedied by High Court revision.
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20 October 2022 |
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Revision is incompetent where an appeal was available and no exceptional circumstances justify bypassing the appeal remedy.
Land law — Revision v. appeal — Revisional jurisdiction limited where an appeal exists; revision available only if no appeal, appeal blocked, applicant not a party, or exceptional circumstances — Failure to show reasons for not appealing renders revisional application incompetent.
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20 October 2022 |
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Re‑filing a suit on the same cause after consensual withdrawal is an abuse of court process; suit dismissed with costs.
Land law – abuse of court process – re-filing suit after consensual withdrawal of earlier suit on same cause of action; preliminary objection – may be decided on pleadings and judicial notice without further evidence; dismissal with costs.
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20 October 2022 |
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Appellate court dismissed appeal, upholding tribunal’s no-trespass finding and rejecting complaints about assessors and locus in quo irregularities.
Land law – ownership and trespass – whether respondents trespassed onto registered farm plot – sufficiency of evidence and site visit findings. Civil procedure – assessors’ role – scope of assessors’ opinions under Section 24 of the Land Disputes Courts Act and Regulation 19(2). Evidence – recording of testimony and locus in quo visits – effect of alleged procedural irregularities on trial outcome. Precedent reliance – use of lower tribunal’s decision as comparison and whether it vitiates a later tribunal’s independent findings.
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19 October 2022 |
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Leave to appeal granted because the appeal raises novel, arguable issues on electronic filing and filing-date determination.
Land law – Leave to appeal – Application for leave under section 47(1) Land Disputes Courts Act; Electronic filing – whether electronic filing timestamp constitutes filing date; Court discretion on leave – arguable appeal, novel point of law, matters of general importance; Procedural law – requirement to compare electronic registry records and appellant’s filing evidence.
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19 October 2022 |
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Extension granted to file reference because copies of the impugned ruling were supplied belatedly.
Extension of time – good cause – late supply of copy of judgment – computation of time under section 19(2) Law of Limitation Act – authorities: Mbogo v Shah; Lazaro Mpigachai.
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19 October 2022 |