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Citation
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Judgment date
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| December 2024 |
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Land Division lacks jurisdiction over a breach-of-contract claim concerning purchase priority and damages; suit dismissed for want of jurisdiction.
Jurisdiction – Land Division vs ordinary/ commercial claims – Rule 5E High Court Registry Rules; scope limited to ownership, possession or tenancy disputes Constitutional jurisdiction of High Court – does not expand subject-matter competence of specialised divisions Preliminary objection – when to dismiss for want of jurisdiction where pleaded reliefs are contractual Deputy Registrar’s admission of plaint – does not confer jurisdiction
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27 December 2024 |
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Reference against Taxing Master's costs award dismissed for lack of demonstrated error or exceptional grounds.
Taxation reference — review of Taxing Master's discretion — Advocates Remuneration Order 2015 (paragraph 1(d) 11th Schedule; Orders 12(1), 48, 55(3); Item 23(a) 8th Schedule) — interference only in exceptional cases — manifestly excessive or inadequate costs — instruction fees.
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23 December 2024 |
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The applicants obtained an interim injunction restraining sale/eviction due to prima facie case and risk of losing their home.
Interim injunctions — application of Atilio v Mbowe test: serious question to be tried, irreparable harm, balance of convenience. Execution of decrees and sale of mortgaged land — compliance with Order XXI Rule 20 CPC, Section 52 Land Act and Regulation 13 GN. No.73/2001. Bona fide purchaser for value without notice — protection under Section 135(1) Land Act and limits where notice or irregularities are alleged. Preservation of status quo pending trial where alleged procedural irregularities risk loss of home.
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23 December 2024 |
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Revision struck out for inconsistent party capacity and failure to seek leave to change status in proceedings.
Civil procedure — competency of application; inconsistency in party capacity — individual versus administrator; pleadings must be consistent; change of capacity requires leave of court; Article 107A not available to cure such defect; striking out as remedy.
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23 December 2024 |
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Defective verification and undisclosed sources in affidavits rendered the extension applications incompetent and were struck out.
Civil procedure — affidavits — advocate deponent may swear affidavit only as to matters of personal knowledge; Affidavits — must be confined to facts, not legal arguments, conclusions or prayers; offending paragraphs may be expunged if inconsequential; Verification — source of information must be disclosed and verification must correctly distinguish personal knowledge and information/belief; failure may render affidavit/application incompetent; Remedy — striking out applications where verification defects are substantial.
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23 December 2024 |
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A compensation claim arising in 2007 was dismissed as time-barred under the Limitation Act after plaintiffs failed to rebut defendants' submissions.
Limitation of actions – compensation claims for acts in pursuance of written law – Item I, Part I, Schedule to the Law of Limitation Act, Cap 89 R.E.2019 (one year). Preliminary objections – time bar – effect of unresponded submissions by plaintiffs; Mukisa Biscuits and Lyamuya precedents. Non-joinder – not determined once limitation objection sustained.
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20 December 2024 |
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Whether a land tribunal had jurisdiction over an allegedly illegal mortgage given a High Court Commercial Division clause and pecuniary limits.
Land law – jurisdiction of District Land and Housing Tribunal under s.33(2) Cap 216; pecuniary limits for recovery/possession (300m) vs other proceedings (200m); forum-selection clause in mortgage submitting disputes to High Court Commercial Division; pleadings determine nature of claim; preliminary objection and striking out for lack of jurisdiction.
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20 December 2024 |
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Appellate court reversed ownership finding and ordered refund where vendor sold before lawful authority to do so.
Land law – nemo dat quod non habet – sale by person without good title cannot convey ownership. Pleadings – parties bound by pleadings; testimony contradicting pleadings may be disregarded. Evidence – non‑production of allocation register and failure to call material witnesses undermines ownership claim; adverse inference may be drawn. Refund agreement (exhibit D3) – evidential weight as acknowledgement of debt arising from unlawful sale. Probate/administration – disposal of estate property before lawful appointment is ultra vires.
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20 December 2024 |
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The applicant’s land recovery claim dismissed as time‑barred: cause of action accrued in 1994, limitation expired.
Limitation of actions – Recovery of land – Item 22 Part I Schedule to the Law of Limitation Act – 12‑year period – accrual of cause of action (1994). Subsequent administrative acts (2022–2024) held consequential, not a new cause of action. Preliminary objection – suit dismissed on limitation; secondary objection under Government Proceedings Act not determined.
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20 December 2024 |
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Failure to describe the suit land renders the application incompetent and tribunal proceedings are nullified.
Civil procedure – Order VII r.3 CPC – description of immovable property – requirement to state size, boundaries or title number; competence of application; Land disputes – proceedings nullified for failure to identify suit land; Revision under s.43 Land Disputes Courts Act.
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19 December 2024 |
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Withdrawal of an application without the court's leave bars refiling; later extension application dismissed as incompetent.
Civil Procedure – Order XXIII Rule 1(3) CPC – Withdrawal of suit without leave bars refiling – 'Suit' includes applications – Withdrawal operates as an end to the cause of action – Preliminary objection for incompetence sustained.
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18 December 2024 |
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Appellants lacked locus standi to sue over reserved land; Tribunal rightly struck out their trespass and eviction claim.
Land law – locus standi to sue over reserved land; reserved environmental land (Mzinga River Valley) – requirement to prove ownership/possession for trespass, demolition and eviction orders; Environmental Management Act and constitutional environmental rights – do not alone confer proprietary interest or substitute for justiciable standing before the Land Tribunal; Tribunal jurisdiction – limits under Land Dispute Courts Act and necessity of pleading legal interest.
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17 December 2024 |
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Applicants met Atilio requirements; court granted Mareva injunction pending expiry of the 90‑day statutory notice.
Mareva/temporary injunction — Atilio v Mbowe preconditions (serious question, irreparable harm, balance of convenience); effect of failure to file counter‑affidavit (limited to points of law); statutory 90‑day notice to sue government; public interest/special planning area considered but not decisive at interim stage.
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17 December 2024 |
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Applicant proved a prima facie ownership dispute but failed to show irreparable harm or greater hardship, so injunction denied.
Land – Interim injunctions – Attilio v Mbowe three conditions: prima facie case; irreparable harm; balance of convenience – affidavit evidence required; submissions cannot cure defects in affidavit.
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17 December 2024 |
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Subsequent suit dismissed as res judicata where prior suit was dismissed and restoration application failed.
Civil Procedure – Res judicata – Section 9 CPC – requirements: same subject matter, same parties or privies, competent court, finality of earlier decision.* Dismissal for want of prosecution and dismissal of restoration application can amount to final decision for res judicata.* Constructive res judicata – identity of party names not determinative where interest in subject matter is the same.* Remedy after dismissal is appeal, not instituting a fresh but similar suit.
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17 December 2024 |
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A tribunal's failure to analyse evidence and address framed issues renders its judgment a nullity and warrants remittal.
Land Tribunal judgment composition — Regulation 20(1) & Order XX Rule 4 — failure to analyse oral and documentary evidence — failure to make findings on framed issues — omission fatal — quash and remit for fresh judgment by another Chairman.
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17 December 2024 |
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Revision allowed but dismissed on merits: review must be limited to patent errors or new evidence, not an appeal in disguise.
Land law — Review vs revision — Order XLII Rule 1(1) CPC — review limited to new evidence, patent errors or analogous reasons — "any other sufficient reason" to be read restrictively; Review must not be an appeal in disguise — non‑parties cannot seek review of judgments; revision is competent remedy.
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17 December 2024 |
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Non-joinder of Registrar of Titles and other necessary parties nullified the land mortgage proceedings, requiring a fresh suit.
Land law – mortgage and title disputes – allegation of forgery – fraud must be pleaded with particulars and proved to a higher civil standard; non-joinder of Registrar of Titles/Land Commissioner/Attorney General as necessary parties renders proceedings null and mandates fresh suit under section 7 of the Government Proceedings Act.
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17 December 2024 |
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Applicants raised triable valuation and financing disputes but failed to prove irreparable harm or favourable balance of convenience, so injunction denied.
Civil procedure – interlocutory injunction – Atilio v Mbowe tests (prima facie case, irreparable injury, balance of convenience) – auction of mortgaged property – valuation dispute – requirement to particularize irreparable loss.
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16 December 2024 |
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An applicant cannot self-designate as intervenor or sue in her own name on a company’s behalf without proper locus and leave.
Civil procedure – Intervention – Applicant styled herself an intervenor without leave; improper joining and unclear prayers render application incompetent. Agency/representation – Power of attorney – Holder lacks automatic locus standi to sue or defend in own name on behalf of a company. Limitation – Awareness and prior filings relevant; court’s procedural directions do not extend limitation period. Procedure – Wrong citation or mistitling not necessarily fatal; affidavit not unduly argumentative.
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16 December 2024 |
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Applicant’s land application dismissed as constructive res judicata for non-joinder of the registered proprietor.
Civil procedure – Land disputes – Non-joinder of registered proprietor as necessary party – Order I r.9 CPC; Res judicata – Constructive res judicata where prior proceedings involved same subject matter and proprietor; Abuse of process – refiling barred where prior suit on same land was dismissed for want of prosecution.
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16 December 2024 |
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Appeal dismissed: tribunal properly admitted sale documents and found valid authorization to sell, appellant’s late objections waived.
Land law; admissibility of documents — authorization to sell; Exhibit DI witnessed and unchallenged; unstamped sale agreements — procedural defect curable; waiver of objections to framed issues by failure to object at trial; tribunal’s grant of declaration of ownership upheld.
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16 December 2024 |
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Court refused extension to set aside striking-out order because of inordinate, unexplained delay.
Civil procedure — Extension of time under s.14 Law of Limitation — Lyamuya guidelines (account for all delay, non-inordinate delay, diligence) — Applicant must explain all days of delay — Inordinate unexplained delay warrants refusal to extend time; striking out defence and ex parte hearing.
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13 December 2024 |
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Interim injunction granted to preserve disputed land pending 90‑day notice where applicant showed prima facie case and irreparable harm.
Land law – interim injunction to preserve possession pending statutory 90‑day notice; requirements for interlocutory injunction (prima facie case, irreparable harm, balance of convenience); possession evidence and risk of construction/fencing as grounds for relief.
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13 December 2024 |
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An order compelling handover of a land title is administrative and outside the Land Division's jurisdiction; suit struck out.
Land law — jurisdiction — relief seeking an order to compel handover of a certificate of title — administrative/prerogative remedy — outside Land Division jurisdiction — preliminary objection allowed; suit struck out with costs.
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13 December 2024 |
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Application to remove caveat struck out because the caveat had expired and was consequently without legal effect.
Land law – Caveat – Application under section 78(4) Land Registration Act to summon caveator to show cause – registrable interest and locus standi to file caveat. Registration of Documents Act s.32(2) – Caveat effectiveness limited to one year – expiry extinguishes legal effect. Civil procedure – application overtaken by events – striking out.
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13 December 2024 |
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Doctrine of estoppel (consent form and fence) barred appellant’s later claim of a 6.30 sqm encroachment.
Land law – boundary disputes; estoppel by conduct (consent form and fence) barring subsequent boundary claims; burden of proof in encroachment claims; discretionary nature of locus in quo visits; non-mandatory joinder of Registrar of Titles.
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13 December 2024 |
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Applicant failed to establish prima facie case, irreparable harm, or balance of convenience for a temporary injunction.
Land — Temporary injunction — Requirements: prima facie case, irreparable injury, balance of convenience — all three must be satisfied. Affidavit verification — Omission of verification to some paragraphs may be cured by expungement if inconsequential. Pleading and evidence — Scattered/insufficient material cannot establish a prima facie case; allegations of fraudulent mortgage/auction require particulars. Relief refused where damages are adequate and interlocutory prerequisites unmet.
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13 December 2024 |
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Applicant failed to show good cause for extension; alleged illegality was not apparent on the record.
Civil procedure – extension of time – applicant must show good cause and account for all days of delay Technical delay – prosecution of wrong applications after dismissal does not constitute technical delay Illegality – must be apparent on the face of the record to constitute sufficient cause for extension Recusal of self-review – a court cannot determine an alleged illegality it is accused of having committed
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13 December 2024 |
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13 December 2024 |
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Court granted Mareva injunction restraining construction and petrol‑station operation pending suit after 90‑day notice.
Land — Mareva (freezing) injunction — Jurisdiction to grant temporary injunction absent instituted suit due to statutory notice — Attilio v Mbowe test: prima facie case, irreparable harm, balance of convenience — Restraint on construction and operation of petrol station pending suit.
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13 December 2024 |
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Proceedings were nullified because the suit failed to sufficiently describe the disputed land, rendering the case incompetent.
Land law – civil procedure – requirement to describe immovable property under Order VII Rule 3 CPC – failure to sufficiently identify suit land renders proceedings incompetent – exercise of section 43 Land Disputes Courts Act to revise and nullify tribunal proceedings.
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13 December 2024 |
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Appeal dismissed: appellant failed to prove ownership and trespass; appeal held timely due to exclusion for obtaining judgment copies.
Limitation law – computation of appeal period – exclusion of time requisite for obtaining certified copy under section 19(2) of the Law of Limitation Act. Land law – trespass – burden of proof on claimant to establish ownership, land size and extent of encroachment. Evidence – parties bound by pleadings; quality of evidence outweighs quantity; trial tribunal's evaluation of evidence reviewed for reasonableness.
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13 December 2024 |
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Appeal dismissed: court held appellant bound by pleadings and no need to call non‑party authority to prove a private land sale.
Civil procedure – parties are bound by their pleadings; new grounds or case contrary to pleadings are treated as abandoned and not entertained on appeal. Evidence – no obligation to call a non‑party or third‑party authority to prove a private land transaction. Land disputes – appellate review will not entertain fresh or unpleaded grounds; trial tribunal’s findings upheld where proper evidence exists. Procedure – compliance with pleadings and rules is fundamental to fair hearing.
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13 December 2024 |
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Court granted extension to file reference, holding the short appellate delay excusable and affidavit paragraphs admissible.
Advocate Remuneration Order — extension of time to file reference; Law of Limitation Act s.21 — exclusion of time spent prosecuting prior proceedings; admissibility of verified affidavit paragraphs; procedural error by advocate and e‑filing delays considered in discretion to extend time.
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13 December 2024 |
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Order XXI Rule 62 makes a fresh suit the remedy after objection proceedings; revision against ex‑parte ownership judgment was incompetent.
Land law; Civil procedure – Order XXI Rule 62 CPC – objection proceedings – remedy is a fresh suit, not revision or appeal – ex‑parte judgment – execution overtaking objection proceedings.
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13 December 2024 |
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Whether the mortgagee discharged the statutory duty to verify marital status and whether the tribunal could order unpleaded return of the title and costs.
Land law – Mortgage of matrimonial property – statutory duty of mortgagee to ascertain marital status under s.114(3) Land Act – requirement of marriage certificate, affidavit or written witnessed document. Evidence – burden and onus of proof – distinction; mortgagee’s failure to prove spouse-consent. Civil procedure – courts bound by pleadings – relief not pleaded (return of title) cannot be granted. Costs – discretionary award set aside where unjust in the circumstances.
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12 December 2024 |
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An heir lacks locus standi to sue over a deceased's purchased land unless appointed administrator or executor.
Locus standi; succession and probate – section 100 Probate and Administration of Estates Act; requirement of executor/administrator to sue; distinction between purchased title and customary tenure; family allocation v. formal administration.
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12 December 2024 |
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A contractual challenge to the validity of a land disposition is not a land‑matter for the Land Division; the claim was time‑barred.
Civil procedure – preliminary objections – jurisdiction of the High Court (Land Division) – distinction between land disputes (ownership/possession) and contractual challenges to validity of disposition agreements. Limitation law – Law of Limitation Act – actions founded on contract (six‑year limitation) – effect of administration/probate on computation of limitation period (exclusion under s.25(1)). Reliefs seeking voidance of contract and damages for wrongful disposition are contractual causes of action not necessarily falling within land division jurisdiction.
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12 December 2024 |
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Plaintiff failed to prove customary marriage, interest in property, or that spousal consent was required for the mortgage.
Family law – proof of customary marriage – necessity of particulars and registration under the Law of Marriage Act. Land law – mortgage of matrimonial home – spousal assent required only where property is the matrimonial home; definition and evidentiary burden under the Land Act (s.114, s.112). Evidence – pleadings and viva voce testimony must be consistent; documentary proof of marriage and title when available.
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12 December 2024 |
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Court allowed extension to challenge ex-parte judgment due to possible improper service and the appellant’s relocation and advocate’s death.
Civil procedure – extension of time to set aside ex-parte judgment – when appellate court may grant extension where alleged irregularity in service exists. Service of process – compliance with Regulation 9 GN 174 of 2003 – affixation and publication; effect of failure to affix notice at suit properties. Change of residence and death of advocate – relevance as explanation for non-appearance and grounds for extension of time. Tribunal’s duty to examine documentary evidence and credibility of affidavit averments before refusing relief.
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12 December 2024 |
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The applicant's inconsistent chamber summons and affidavit for extension of time were struck out to allow correction.
Land procedure – extension of time – application to set aside dismissal for want of prosecution – requirement of coherent pleadings – inconsistency between chamber summons and supporting affidavit – procedural irregularity – striking out defective application to permit rectification.
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11 December 2024 |
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An application is incompetent and struck out where the affidavit seeks a temporary injunction but the application seeks maintenance of status quo.
Civil procedure – competence of application – variance between relief in chamber summons and relief in supporting affidavit – fatal inconsistency renders application incompetent and liable to be struck out. Interim relief – maintenance of status quo vs temporary injunction – distinct remedies; status quo may preserve property pending hearing but is not equivalent to a temporary injunction.
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11 December 2024 |
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Non‑compliance with a court order to amend the plaint justified striking out the suit with no order as to costs.
Civil procedure – misjoinder and non-joinder – Order 1 Rule 9 CPC – amendment to cure defective parties Civil procedure – plaint not disclosing cause of action – proviso to Order VII Rule 11 CPC – court's discretion to permit amendment Preliminary objections – res subjudice requires evidence and is not a pure point of law Non-compliance with court orders – consequence of striking out suit; courts require strict compliance with directions Costs – court exercised discretion and struck out suit with no order as to costs
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11 December 2024 |
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11 December 2024 |
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Extension of time refused where alleged illegality was unspecified and alternative remedies existed.
Extension of time – section 14(1) Limitations Act – alleged illegality must be apparent on the face of the decision and pleaded; unexplained delay and negligence not sufficient; availability of alternative remedies (objection to execution and new suit under Order XXI Rule 57) defeats claim of no remedy.
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11 December 2024 |
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Applicant's request for extension of time to file for revision refused for lack of sufficient cause and failure to show apparent illegality.
Extension of time – sufficient cause – illegality as ground for extension – necessity for illegality to be apparent on the record – existence of alternative remedies – applicant’s failure to establish sufficient cause for delay.
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11 December 2024 |
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Extension denied where alleged illegalities were unspecified and alternative remedies existed.
Extension of time – section 14(1) Limitations Act – whether sufficient cause shown. Illegalities – must be apparent on the face of the decision to justify extension. Alternative remedies – objection to execution and fresh suit under Order XXI Rule 57 CPC. Delay and negligence – unexplained inordinate delay not excused.
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11 December 2024 |
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Application for extension denied: alleged illegality not shown on face of record and alternative remedies existed; dismissed with costs.
Extension of time – Limitation Act s.14(1) – Alleged illegality must be apparent on the face of the impugned decision – Applicant must account for delay – Alternative remedies (objection to execution; fresh suit under Order XXI r.57) available – Unexplained 673 days’ delay fatal to application.
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11 December 2024 |
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Applicant granted Mareva injunction preventing respondents from selling disputed land after meeting statutory notice and Atilio criteria.
Mareva injunction – interim freezing order – requirements: intention to sue (90‑day statutory notice), prima facie case, irreparable harm, balance of convenience – Government Proceedings Act s.6 – effect of respondents’ failure to file submissions.
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11 December 2024 |