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Citation
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Judgment date
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| August 2023 |
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Applicant failed to prove sufficient cause to set aside dismissal; sickness and dubious evidence were insufficient.
Civil Procedure — Order IX Rule 6(1) — setting aside dismissal for want of prosecution — sufficiency of cause — sickness of advocate or witness — corporate litigant’s duty to arrange alternative representation — functus officio — credibility of affidavits/annexures.
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21 August 2023 |
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18 August 2023 |
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Plaintiffs failed to prove land ownership; counterclaimant with survey and title documents awarded declaration, injunction and damages.
Land law – proof of ownership – burden of proof on preponderance of probabilities; requirement of specific description and continuous occupation; admissibility and weight of survey maps, letters of offer and title documents; special damages must be strictly pleaded and proved; reliefs: declaration, injunction, general damages and interest.
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17 August 2023 |
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Appeal struck out as incompetent for challenging a non-appealable striking-out order.
Civil procedure – Appealability – Order striking out an application versus dismissal – striking out is ordinarily not appealable; appeal must be against a final/appealable order. Civil procedure – Competency of appeal – distinction between being struck out (incompetent matter) and being dismissed (heard on merits). Land Disputes – revisional jurisdiction and applicability of Limitation Act (raised but not decided due to competence issue). Natural justice – alleged denial of right to be heard (raised but not adjudicated).
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17 August 2023 |
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An application combining unrelated land-rectification and extension prayers is omnibus, incompetent and struck out.
Land law – Land Registration Act – rectification of land register – challenge to Registrar's acts – proper remedy under s.102(1) LRA. Civil procedure – omnibus applications – multiple prayers must be interrelated or are incompetent and liable to be struck out. Procedural law – competence of chamber summons – striking out for being omnibus. Legal aid – no order as to costs.
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17 August 2023 |
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Court reduced respondent’s taxed instruction fees for exceeding Advocates Remuneration Order limits.
Costs — Taxation — Instruction fees for opposed applications under Eleventh Schedule, Advocates Remuneration Order GN 264 of 2015 — Prescribed scale Tsh 1,000,000 with permissible one‑third uplift — Taxing officer’s discretion reviewable if misdirection or award plainly wrong — Attendance allowances left undisturbed where no rule shown to be breached.
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17 August 2023 |
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An appeal against dismissal of an injunction is not maintainable; the mortgage exception in s.74(3) does not apply.
Land law; civil procedure – interlocutory orders and appealability; section 74(2) Civil Procedure Code Cap 33 R.E.2019 – appeals barred from preliminary/interlocutory decisions; section 74(3) mortgagee exception – limited to power to sell or enter possession and actions to suspend/stop sale; injunction orders not appealable under s.74(2).
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17 August 2023 |
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The applicant failed to prove good faith and diligence for time exclusion under section 21(1); the suit was dismissed as time-barred.
Limitation of actions — Section 21(1) Law of Limitation Act — exclusion of time while prosecuting prior proceedings requires good faith and due diligence; non-automatic; pleading and proof of reasons for delay or application for extension of time necessary; failure to show diligence or good faith renders suit time-barred and incompetent.
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17 August 2023 |
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Court upheld ex parte injunction against government entities due to procedural non‑compliance and a prima facie ownership dispute.
Civil procedure – ex parte ruling – failure to comply with court schedule and failure to appear justify ex parte determination despite counter-affidavit. Interim relief – temporary injunction against Government – proviso to Order XXXVII Rule 1 does not absolutely bar injunctions where circumstances justify them. Injunction test – Attilio v. Mbowe principles: prima facie case, irreparable harm, balance of convenience applied. Change of circumstances – subsequent lease, change of use or new security does not automatically render ex parte order inexecutable.
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17 August 2023 |
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Court granted extension to file notice of appeal, finding technical delay and sufficient cause; leave to appeal unnecessary.
Extension of time — section 11(1) Appellate Jurisdiction Act — criteria for 'sufficient/good cause' (account for delay, diligence, non-inordinate delay) — technical delay/incompetent appeal as sufficient cause — leave to appeal not required for High Court original decisions (s.47(1) LDCA and s.5(1)(a) AJA).
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17 August 2023 |
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Valuation before sale of mortgaged land is not mandatory; mortgagor must prove sale undervalued and appeal dismissed.
Land law – Mortgagee’s duty under s.133 Land Act to obtain best price reasonably obtainable – valuation not mandatory. Evidence – Burden of proof under s.110 Evidence Act rests on party alleging sale was undervalued or unlawful. Procedure – Assessors’ opinions (s.23/24 Land Disputes Courts Act & Reg.19(2)) must be given before judgment; chairman must state assessors’ views and give reasons only if differing. Civil procedure – Non-appearance of purchaser/auctioneer does not itself invalidate sale or permit adverse inference without proof.
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16 August 2023 |
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16 August 2023 |
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Caretakers lack locus standi to sue on a deceased's estate; suit struck out with costs.
Locus standi – representation of deceased’s estate – Probate and Administration of Estate Act s.71 – only person granted probate/letters of administration may sue as representative – preliminary objection on point of law determined on pleadings.
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16 August 2023 |
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Appeal to the High Court, not an original suit, is the prescribed remedy against Registrar decisions; a sole co-administrator lacks locus standi to sue alone.
Land law – Land Registration Act, Cap 334 – section 102(1) – exclusive remedy by appeal to High Court against Registrar of Titles’ decisions. Probate and Administration – locus standi – section 71 Cap 352 – grantees of letters of administration must act as representatives; co-administrators must act jointly.
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16 August 2023 |
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Suit contesting sale of mortgaged land was struck out for lack of territorial jurisdiction under section 14 CPC.
Civil procedure — Territorial jurisdiction — Suits concerning immovable property — Section 14(d) Civil Procedure Code — Locus rei sitae — Suit must be instituted where the land is situated.
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16 August 2023 |
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Extension to file appeal refused for inordinate unexplained delay and no apparent illegality.
Extension of time – delay and inaction – requirement to account for each day of delay; notice of appeal – absence of evidence of timely filing; alleged illegality must be apparent on face of record to justify extension; recovery of documents or legal aid omissions do not automatically excuse inordinate delay.
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16 August 2023 |
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Interlocutory injunction to restrain eviction granted after Atilio test satisfied; status quo maintained pending trial.
Land law – Interlocutory injunction – Application to restrain eviction and sale pending trial; Atilio v Mbowe criteria: prima facie case, irreparable harm, balance of convenience; preservation of status quo to prevent prejudice from sale to third parties.
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15 August 2023 |
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Application to extend time for revision dismissed as impugned proceedings were a nullity, making relief futile.
Land law – extension of time to file revision – illegality as ground for extension – requirement that illegality be apparent on face of record; futility where impugned proceedings are quashed as nullity; procedural irregularity in ward tribunal; discretion to grant or refuse extension.
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15 August 2023 |
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Whether an incomplete inter vivos transfer defeats the donor’s locus standi to sue in absence of probate.
Property law — locus standi to sue — Effect of incomplete inter vivos transfer on standing; evidentiary weight of sale agreement and witness identification in determining ownership.
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15 August 2023 |
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A one-day late amended plaint filed without leave breaches a court order and justifies striking out despite minimal delay.
Civil procedure – amendment of pleadings – Order VI r.18 CPC – compliance with fixed court deadlines; preliminary objection on point of law; overriding objective not a blanket excuse for breach of court order; striking out for non-compliance.
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15 August 2023 |
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Court struck out the applicant’s trespass suit for failure to join Commissioner for Lands, Registrar of Titles and Attorney General.
Land law – registered titles – alleged double allocation – necessity to join Commissioner for Lands and Registrar of Titles (and Attorney General) to determine authenticity of title deeds. Civil procedure – competence and compliance with subordinate tribunal orders – failure to comply may render subsequent proceedings incompetent. Procedure – striking out suit where necessary parties are not joined; preliminary objections and abuse of process considerations.
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15 August 2023 |
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Applicant failed to show triable issues or irreparable harm; bona fide purchasers protected, injunction refused with costs.
Land law – Mortgagee’s power of sale (Land Act s.126) – Auction procedures and notice – Interim injunctions – Attilio v Mbowe test – Protection of bona fide purchasers for value – Parties bound by pleadings (inadmissibility of new facts from the bar).
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15 August 2023 |
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Applicant established a prima facie ownership dispute but failed to prove irreparable harm, so injunction was refused.
Civil procedure – Temporary injunction/mareva injunction – Application must satisfy Atilio v Mbowe triad (prima facie case; irreparable harm; balance of convenience). Land law – Dispute over ownership – Granting interim relief restrained where irreparable harm not established. Interim relief – Ongoing construction undertaken at developer’s risk pending resolution of ownership dispute.
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14 August 2023 |
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Court found plaintiffs’ land claim not time-barred: accrual under s.9(1) and s.5 kept claims within the 12-year limit.
Limitation of actions – recovery of land – Item 22 Schedule to Law of Limitation Act (12 years) – accrual rules: s.9(1) (administrator/executor) and s.5 (when plaintiff becomes aware) – survey/title date not necessarily start of limitation – requirement for ministerial extension (s.44) and Order VII r.6 not applicable where accrual dates fall within limitation.
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11 August 2023 |
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Temporary injunction granted pending land compensation dispute due to lack of proof of valuation and risk of irreparable loss.
Land — Interlocutory injunction — prima facie case, irreparable harm, balance of convenience; Compensation and valuation procedures — compliance with Valuation Regulations; Evidence — parties bound by pleadings; unpleaded facts disregarded.
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11 August 2023 |
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A pending notice of appeal does not bar taxation of a bill of costs; reference dismissed for lack of merit.
Taxation of costs – Jurisdiction – Whether a pending notice of appeal bars taxation – Taxation distinct from execution – Power of Taxing Officer to proceed despite appeal pendency.
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11 August 2023 |
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Plaintiffs failed to prove ownership; village council lacked authority after planning-area declaration—suit dismissed with costs.
Land law – ownership and trespass; burden of proof (Evidence Act ss.110–111); Village Land Act s.8(5) – village assembly approval for allocations; Town and Country Planning (Planning Areas) Order GN No.231/1993 – effect on village allocation powers; corporate personality (Salomon principle); failure to prove location of disputed parcels.
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11 August 2023 |
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A revision against an objection-proceedings determination is incompetent; the aggrieved party must file a suit to assert property rights.
Civil Procedure — Order XXI Rule 62 CPC — determinations in objection proceedings are conclusive and not subject to appeal or revision; proper remedy is a fresh suit. Competency of proceedings — revision against objection-proceedings determination is incompetent. Procedural irregularity — defective application cannot be remedied by withdrawal after court raises preliminary point suo motu. Costs — court may withhold costs where point of incompetency is raised by the court itself.
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10 August 2023 |
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Illness after the appeal deadline and failure to account for delay warrant dismissal of extension application.
Land law — extension of time — section 41(2) Land Disputes Courts Act — good cause — applicant must account for each day of delay; sickness as cause requires proof of incapacity throughout relevant period; time awaiting copy of judgment excluded only if a written request was made (Wanamaombi; Shembilu Shefaya; Lyamuya).
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10 August 2023 |
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Court granted a mareva injunction restraining sand excavation and demolition pending expiry of the 90‑day notice to sue the Government.
Land — Mareva (pre‑suit) injunction — Application of Attilio v. Mbowe three‑part test (triable issue, irreparable injury, balance of convenience) — Dispute over ownership and statutory permit — Temporary restraint pending 90‑day notice period.
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10 August 2023 |
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Plaintiffs failed to prove ownership of the pleaded Ubafu land; defendant’s surveyed title established ownership, suit dismissed with costs.
Land law – ownership and trespass; parties bound by pleadings; burden of proof under Evidence Act s.110; failure to call material witnesses – adverse inference; surveyed title and plan as conclusive evidence of location and ownership; dismissal with costs.
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10 August 2023 |
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The applicant’s extension to file a defence was denied for failure to show good cause and for being filed too late.
Civil Procedure – Extension of time to file written statement of defence – Order VIII Rule 3 CPC – Extension discretionary, requires showing of good cause within seven days after expiry – Late application and failure to specify dates of receipt of process – Suit to proceed ex parte.
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10 August 2023 |
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Extension of time granted where Registrar’s erroneous rejection of timely filing constituted sufficient cause.
Civil procedure – extension of time – sufficient cause – erroneous rejection/advice by Deputy Registrar at admission stage can constitute sufficient cause for extension. Electronic filing – official filing date and registry errors affect computation of time. Duty of parties to show diligence and account for delay, but court may grant extension where delay is occasioned by court officials.
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10 August 2023 |
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The applicant's extension request denied for failure to prove good cause, credible evidence, and accounting for the delay.
Civil procedure – extension of time – requirements of "good cause" and accounting for each day of delay; credibility of supporting evidence (travel tickets, medical reports) and need for documentary proof of bereavement (death certificates/burial permits). Illegality – failure to file counter-affidavit by a respondent does not automatically constitute illegality justifying extension of time. Credibility and diligence – court will scrutinise coincidences and unexplained gaps in follow-up to court proceedings.
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10 August 2023 |
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A company suit was struck out for lack of board resolution and invalid probate-based authority of its signatory.
Company suits — authority to sue — requirement of board resolution to institute proceedings; probate jurisdiction — primary court lacked jurisdiction over estate of foreign Christian affecting registered land/shares; letters of administration avoided for purposes of civil proceedings; pleadings signed/verified by an unqualified signatory; suit struck out with costs.
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10 August 2023 |
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Plaintiff's suit struck out because plaint failed to sufficiently describe the registered land, rendering decree unexecutable.
Civil procedure – preliminary objection – failure to describe immovable property in plaint – mandatory requirement under Order VII Rule 3 CPC – registered land requires title number for identifiable, executable decree – point of law under Mukisa Biscuit.
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9 August 2023 |
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Leave to appeal granted where applicant showed arguable grounds; merits are not determined at leave stage.
Land Law – leave to appeal under s.47(2) Land Disputes Courts Act – application for leave following Court of Appeal extension of time – court may grant leave where arguable grounds are demonstrated; merits of appeal not assessed at leave stage.
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9 August 2023 |
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A court cannot grant an injunction to restrain enforcement of its own decree; the application was struck out as misuse.
Civil procedure – Injunctions – Whether an injunction can restrain enforcement/execution of a court decree – Abuse or misuse of injunctive relief; Execution law – effect of prior objection proceedings dismissing applicants’ interest in attached property; Jurisdiction – limits on High Court granting injunctions against its own judicial enforcement processes.
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9 August 2023 |
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Tribunal lawfully endorsed execution; affidavit sufficed to afford applicant a hearing and revision was dismissed.
Land law – execution of decree – notice to show cause and affidavit to show cause – sufficiency of affidavit where judgment debtor absent. Civil procedure – stay of execution – effect of striking out stay application where related High Court application already determined. Land Disputes Court Regulations (GN No. 174/2003) Reg 23(3) & (5) – procedure for objections to execution. Abuse of court process – when retrial would be futile.
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9 August 2023 |
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Medical evidence found insufficient; extension of time to appeal refused and application dismissed with costs.
Extension of time – discretion – requirement to show good cause; Illness as ground for extension – must show illness occurred and contributed to delay; Requirement to account for each day of delay (Bushiri principle); Sufficiency of medical evidence – need for corroborative documents (discharge summary, investigation reports).
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9 August 2023 |
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Acceptance of rent after lease expiry creates a periodic tenancy, not automatic renewal, and estoppel is displaced by Land Act s.82.
Land law – post-expiry acceptance of rent – does not automatically renew fixed-term lease; creates periodic tenancy per Land Act s.82. Estoppel – landlord’s acceptance of rent after lease expiry does not preclude eviction where statute governs; s.82(2) displaces reliance on estoppel for renewal. Periodic tenancy – obligations of original lease continue (s.82(1)); termination and notice governed by s.79(4). Evidence – admitted payment vouchers (Exhibit P2) establish periodic tenancy but do not effect five-year renewal.
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7 August 2023 |
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Extension of time granted since Ward Tribunal’s eviction relied on a quashed conviction, an illegality on the face of record.
Land law — extension of time — illegality on face of record — Ward Tribunal eviction based on quashed criminal conviction — accounting for each day of delay not required where illegality is apparent; technical delay and prompt pursuit of interim applications may justify extension.
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4 August 2023 |
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Lawful power-of-sale auction and proper registration upheld; bona fide purchaser entitled to ownership and vacant possession.
Mortgagee’s power of sale – compliance with statutory demand and waiting periods (Land Act) – public auction advertisement and sale – bona fide purchaser protection and effect of registration (Land Registration Act s.51) – transfer by Registrar – mesne profits – burden of proof.
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3 August 2023 |
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Plaintiff lacked locus standi as administratrix due to unproven identity; suit struck out with costs.
Land law – preliminary objection – locus standi of administratrix – identity discrepancy between plaintiff and appointed administrator – locus standi as jurisdictional point not curable by overriding-objective or Order 1 R.9–10 – suit struck out; costs.
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3 August 2023 |
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Applicant failed to show good cause for extension of time to seek leave to appeal; application dismissed with costs.
Extension of time – discretionary relief – applicant must show sufficient cause; advocate’s absence (maternity leave) not automatically sufficient; party’s duty to follow up counsel; alleged illegality must be apparent on the face of the record and particularised to justify extension.
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2 August 2023 |
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Court lifted the corporate veil and ordered arrest and committal of directors and debtor for failing to satisfy a money decree.
Civil procedure – Execution of decree – Arrest and committal of judgment debtor as civil prisoner under Order XXI (ss.42–47; R.28,35,39). Company law – Lifting the corporate veil – Piercing veil to reach managing directors in exceptional circumstances to enforce monetary decree. Service by publication – Validity of proceeding in absentia and issuing warrants where summoned debtors ignore notices.
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2 August 2023 |
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Suit for recovery of land struck out as time-barred and defendant was sued in the wrong (personal) capacity.
Limitation of actions – Recovery of land – Twelve-year limitation under Law of Limitation Act Item 22 Part I; Effect of death of administrator on computation of limitation; Requirement to plead exemption under Order VII r.6 CPC to exclude time; Capacity to sue – suing an administrator in personal capacity versus representative capacity; Preliminary objections – sustaining points of law prior to trial.
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1 August 2023 |
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Court granted extension of time where delay was caused by late receipt of certified judgment and prompt subsequent action.
Civil procedure – Extension of time – Application for condonation of delay to file notice of appeal – Delay attributed to late supply of certified copy of judgment and alleged discrepancy between oral pronouncement and written judgment – Court may grant condonation where delay accounted and period after receipt is not inordinate.
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1 August 2023 |
| July 2023 |
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A jurat failing to state how the Commissioner identified the deponent renders the affidavit incurably defective; application struck out.
Affidavit — jurat — identification of deponent — section 8 Notaries Public and Commissioner for Oaths Act — section 10 Oaths and Statutory Declarations Act — material jurat omission — incurable defect — overriding objective inapplicable.
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31 July 2023 |
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A preliminary objection for non-joinder fails where necessary-party status is a factual issue requiring evidence.
Land law – non-joinder of necessary parties; preliminary objection – Mukisa Biscuits test – factual disputes unsuitable for preliminary objection; joinder procedure; trespass claim.
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31 July 2023 |