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Citation
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Judgment date
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| October 2024 |
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Court recorded parties' settlement as consent judgment, making deed binding and the suit withdrawn.
Land law; consent judgment — recording and enforcement of Deed of Settlement under Order XXIII r.3 and s.95 CPC; recognition of ownership; payment of outstanding purchase price; obligation to execute transfer documents; binding effect and bar to subsequent suits.
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31 October 2024 |
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Extension of time to seek revision refused for inordinate delay, unreliable affidavit, non‑apparent illegality and forum shopping.
Extension of time – Law of Limitation Act s.14(1) – applicant must account for all delay; inordinate delay fatal. Illegality – alleged lack of locus standi/power of attorney – must be apparent on face of record to justify extension. Affidavit credibility – falsehoods render affidavit unreliable. Abuse of process/forum shopping – concurrent proceedings weigh against extension.
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31 October 2024 |
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Extension of time granted to file notice of appeal due to apparent illegality on the face of the record.
Civil procedure — Extension of time to file Notice of Appeal — s.11(1) Appellate Jurisdiction Act — requirements for good cause: promptness, accounting for each day, prejudice — illegality as exceptional ground must be apparent on face of record — financial inability not sufficient.
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31 October 2024 |
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Court granted a temporary injunction preventing eviction pending resolution of disputed land ownership despite res judicata concerns.
Land law – interim injunction – requirements for temporary injunction (prima facie case, irreparable harm, balance of convenience); res judicata and rights in rem – effect on interlocutory relief; preservation of status quo pending determination of main suit.
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31 October 2024 |
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Unregistered sale proved by documents and admissions defeats later unproven mortgage; appellants declared owners.
Land law – proof of ownership – weight of documentary evidence (sale agreements) and witness testimony – effect of admissions in pleadings; Registration of mortgages – requirement of documentary proof/official search and valuation by registered valuer; Priority disputes between unregistered sale and alleged registered mortgage when mortgagee fails to prove registration and valuation.
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31 October 2024 |
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31 October 2024 |
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31 October 2024 |
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Uninterrupted possession and corroborative evidence established appellant's ownership over an unproven earlier title.
Land law – ownership dispute – burden of proof on balance of probabilities – possession and development as proof of title; evaluation of witness evidence and authenticity of sale agreements; review of DLHT's evidence assessment.
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31 October 2024 |
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Application challenging Bill of Costs struck out as underlying suit was withdrawn with leave to refile, not finally determined.
Advocate Remuneration Order (G.N. No. 264 of 2015) – section 7(1),(2) – challenge to Bill of Costs – competence where underlying suit withdrawn with leave to refile; Civil procedure – withdrawal with leave to refile – no final decision to support costs award; Relief – inappropriate to maintain costs challenge absent final determination; striking out application.
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31 October 2024 |
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Application to set aside ex parte judgment dismissed as time-barred for being filed beyond the extended period.
Civil procedure – Application to set aside ex parte judgment – limitation period and time bar. Law of Limitation Act (First Schedule, Part III, item 21) – applicability to applications where no period provided. Civil Procedure Code s.93 – extension of time – discretionary relief requiring good cause; not to be open-ended. Preliminary objections – procedural compliance (attachment of prior order) vs. merits of time-bar objection.
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31 October 2024 |
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Applicant entitled to unpaid rent and damages where respondent breached lease; deed of compromise was partial, not full settlement.
Land law – House lease – obligation to yield premises in good and tenantable repair; Interpretation of Deed of Compromise – partial compromise vs full settlement; Evidence and pleadings – appellate re‑evaluation where tribunal misconstrued facts; Reliefs – damages for holding over/mesne profits and general damages; Costs.
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31 October 2024 |
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Extension of time granted to appeal an ex‑parte judgment; appeal under s.70(2) CPC competent without prior setting aside.
Land — Extension of time to appeal — Appeal against ex‑parte judgment under s.70(2) CPC — Competence to appeal without setting aside — Illegality (non‑service, non‑notification, issues outside pleadings) as sufficient cause to extend time.
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31 October 2024 |
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31 October 2024 |
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An applicant’s advanced age, lay status and financial hardship may constitute good cause to extend time to file an appeal.
Land law – Extension of time to appeal – "Good cause" as a relative concept – Being a layperson, advanced age and financial difficulty may justify enlargement of time – Applicant’s duty to provide relevant material to account for delay – Section 41(2) Land Disputes Courts Act.
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31 October 2024 |
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Dismissal due to non-compliance with High Court order and addressing time limitation jurisdiction properly.
Land law - Non-compliance with High Court order - Time-barred application - Determination based on jurisdictional issue.
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31 October 2024 |
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Appellant failed to prove full payment; tribunal properly addressed unpaid balance and deed of gift, appeal dismissed with costs.
Evidence — burden of proof under section 110(1) Evidence Act — claimant must prove full payment to establish ownership. Civil procedure — tribunal's duty to address issues raised in evidence — not suo motu when matter arises in examination/cross-examination. Land law — deed of gift as title evidence — effect on competing purchase claim. Appellate review — deference to trial tribunal's evaluation of witness demeanour and evidence.
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31 October 2024 |
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Revision was premature; party must first apply to set aside the Tribunal’s absent-party order and exhaust remedies.
Civil procedure – Revision – Prematurity – Revisional powers should not be invoked where statutory remedies exist and have not been exhausted; Regulation 11(1)(c) and (2) (Land Disputes Courts Regulations, 2003) provides procedure to set aside Tribunal orders made in absence of a party. Supervisory powers – Section 43(1) Land Disputes Act – to be exercised cautiously where alternative remedies remain available.
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31 October 2024 |
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Application challenging land attachment struck out for incurably defective and unsigned joint affidavit.
Civil procedure – Order XXI Rule 57(1) & Rule 59 CPC – supporting affidavit must contain proper verification, jurat and signatures – discrepancy in applicant lists and unsigned jurat render affidavit incurably defective – preliminary objection – application struck out with costs.
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31 October 2024 |
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A trustee cannot sue in personal capacity over property vested in a registered body corporate of trustees.
Trustees Incorporation Act (Cap 318) – effect of incorporation: registered trustees become a body corporate with power to sue and be sued; Locus standi – individual trustee cannot sue in personal capacity over property vested in the registered trustee body; Civil Procedure – Order XXX Rule 2 (Cap 33): where there are several trustees they must be parties to the suit; Validity of authorization – nomination or internal authorization does not confer capacity to sue in personal name where law vests rights in the corporate trustee.
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30 October 2024 |
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The applicant granted leave to produce belated documents after showing good cause; costs in the course.
Civil Procedure — Order XIII Rule 2 — belated production of documents — good cause must be shown; Pre-Trial Conference — reservation of right to file additional documents; Scheduling orders — no departure required where only leave to produce documents is sought.
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30 October 2024 |
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30 October 2024 |
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Extension of time granted where credible medical evidence and nursing duties justified delay in filing notice of appeal.
Land law – extension of time to file notice of appeal – medical incapacity and nursing duties as sufficient cause; credibility of medical annexures; discretion to grant limited extension and refuse costs.
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30 October 2024 |
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Non-joinder of sellers and the municipal land authority in a land suit rendered the Tribunal’s proceedings void and warranted quashing.
Land law — Necessary parties — Sellers of disputed land and local land authority must be joined; Non-joinder of necessary parties in land disputes is fatal and renders proceedings null; Trial Tribunal cannot pass an effective, executable decree in absence of necessary parties; Revisionary powers under s.43(1) & (2) Land Disputes Courts Act used to nullify and quash proceedings.
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30 October 2024 |
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Appellant failed to prove purchase or vendor capacity; written sale agreement and material witnesses were required.
Land law – disposition of land requires written contract or memorandum (Land Act s.64(1)). Evidence – burden of proof s.110(1); failure to call material witnesses permits adverse inference (Hemedi Saidi v Mbilu). Documentary proof – bank pay-in slips insufficient where purpose and account ownership unproven. Capacity – sale by alleged administratrix requires proof of letters of administration.
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30 October 2024 |
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Applicant failed to prove respondents disobeyed an ex parte status quo order due to lack of proof of service and unclear evidence.
Civil procedure – Order VII Rule 21 and Section 95 CPC – application for declaration and punitive orders for alleged breach of status quo ante; service of ex parte orders and burden of proof. Evidence – insufficiency of photographic and video evidence to establish timing of demolition or effective service. Interim relief – status quo ante granted ex parte requires proof of service before contempt or punitive relief can be imposed.
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30 October 2024 |
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Appellant failed to prove ownership, boundaries or extent of trespass; appeal dismissed for lack of proof.
Land dispute – ownership and trespass – onus of proof under section 110 Evidence Act – party alleging ownership must prove size/boundaries to establish trespass. Evidence – parties bound by pleadings; contradictions in pleaded facts undermine proof. Assessors – opinions are advisory (Land Disputes Courts Act s.24); the chairman must consider but is not bound. Evidence weight – number of witnesses irrelevant; quality and consistency determine probative value (Evidence Act s.143; Hemedi Saidi).
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30 October 2024 |
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30 October 2024 |
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Applicant failed to show good cause for delay; extension of time to file appeal denied with costs.
Extension of time – requirement to show good cause and account for each day of delay. Failure to pay court fees – not a sufficient ground for extension absent evidence of seeking waiver. Sickness/hospitalization – may be good cause if it prevented prompt action; applicant must prove causation and account for delay.
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30 October 2024 |
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High Court suit struck out as res-subjudice and abuse of process because an overlapping land dispute is pending before the DLHT.
Civil procedure – Res subjudice (section 8 CPC) – Suit dismissed where matter directly and substantially in issue is pending before District Land and Housing Tribunal. Abuse of process – Parallel proceedings and multiplicity of suits concerning same unsurveyed land may be struck out. Counterclaim treated as cross-suit – parties and subject matter overlap require consolidation or amendment at tribunal. Remedies – withdraw and refile before competent court after valuation; Order VIII r.10, Order XXIII r.1 referenced.
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30 October 2024 |
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Application to set aside dismissal filed after 30-day limitation is mandatorily dismissed under the Law of Limitation Act.
Civil procedure – Setting aside dismissal for want of prosecution – Limitation period – Item 4 Part III Schedule to the Law of Limitation Act prescribes 30 days. Limitation law – Section 3(1) Law of Limitation Act – Mandatory dismissal of proceedings instituted after prescribed period. Procedural remedy – Strike out versus dismissal – Limitation Act’s mandatory dismissal precludes striking out as alternative in this context.
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30 October 2024 |
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Proceedings were nullified because the suit failed to describe and identify the subject land as required by law.
Land law — Pleadings — Description of immovable property — Order VII Rule 3 CPC — Suit must sufficiently identify land; failure to describe subject matter renders proceedings null and void; High Court’s revisionary powers under s.43 Land Disputes Courts Act.
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30 October 2024 |
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Size and locality alone do not suffice; immovable property must be specifically described by boundaries or title number.
Land law — Description of immovable property — Order VII Rule 3 CPC — Boundaries/demarcation required — Blanket description insufficient — Overriding-objective principle cannot cure substantive identification defect — Revision under s.43 Land Disputes Courts Act — Nullity, quashing and setting aside of proceedings.
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30 October 2024 |
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Blanket descriptions of land (location and size without boundaries) are insufficient; proceedings quashed for failure to identify the property.
Land law — Pleading requirements for immovable property — Plaints must describe property sufficiently to identify it (Order VII r.3 CPC) — Blanket descriptions (location and acreage only) are insufficient — Boundaries/demarcation required — Defect not cured by overriding objective — Revisional power under s.43 LDCA to nullify proceedings.
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30 October 2024 |
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Failure to join land-authority necessary parties rendered the tribunal's proceedings null and void.
Land law – necessary parties – non-joinder of land authorities where competing Certificates of Title are relied upon; Court’s duty to join necessary parties suo motu; Revisionary powers under s.43 Land Disputes Courts Act; Proceedings and decrees rendered null and void by failure to join grantor authorities.
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30 October 2024 |
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Appeal quashed because necessary land authorities were not joined where competing Certificates of Title were relied upon.
Land law – title disputes where competing Certificates of Title exist – necessity to join land authorities; Civil procedure – joinder of necessary parties; High Court revisional power under s.43 Land Disputes Courts Act to nullify proceedings conducted without necessary parties.
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30 October 2024 |
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Extension of time granted where alleged illegality and lack of prior knowledge justified revisional application.
Limitation law – extension of time under s.14 Law of Limitation Act – discretion to grant for reasonable/sufficient cause. Civil procedure – revision – non-joinder of necessary parties and denial of hearing (illegality) as ground for extension. Evidence – knowledge of proceedings and accounting for delay; post-judgment material insufficient to prove prior awareness.
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30 October 2024 |
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Applicant failed to account for delay and alleged illegality was not apparent on the face of the record; extension refused.
Extension of time — Law of Limitation Act s.14(1) — sufficient cause — must account for entire delay — illegality ground requires illegality apparent on face of record — dismissal for non-appearance and want of prosecution — Lyamuya; Bushiri; Valambhia; Ngao Godwin Losero.
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30 October 2024 |
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Proceedings were nullified because pleadings failed to identify the disputed land as required by law.
Land law – pleadings – description of immovable property – Order VII Rule 3 CPC – requirement to identify property – failure to identify renders proceedings null and void – competence of tribunal – revision under s.43 Land Disputes Courts Act.
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30 October 2024 |
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Mediated lease settlement entered as consent judgment fixing construction-cost recovery, rent terms, prepayment and possession conditions.
Land law – lease dispute – mediated settlement recorded as consent judgment – recovery of construction costs from rentable space – rent calculation in USD with specified exchange rate – prepayment and early vacation provisions – enforcement and costs.
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30 October 2024 |
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Applicant failed to account for delay or show sufficient cause; extension of time denied with costs.
Limitation — extension of time — requirement to show sufficient cause and to account for every day of delay; financial hardship and advanced age not automatically sufficient — exceptional circumstances required; authorities: Bushiri, Lyamuya, Constantine Victor John.
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29 October 2024 |
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Failure to serve a reference within seven days under the Advocates Remuneration Order renders the reference incompetent.
Advocates Remuneration Order (GN. No. 263 of 2015) – Order 7(1)-(4) – reference to a judge – service of copies within seven days – computation of time – endorsement by Registry Officer suffices for commencement of service period – failure to serve within prescribed time renders reference incompetent and liable to be struck out.
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29 October 2024 |
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Late service beyond seven days from filing under Order 7(3) rendered the applicant's reference incompetent and it was struck out.
Advocates Remuneration Order (GN No. 263 of 2015) – Order 7(1)–(4) – Service of reference – Seven‑day service requirement counted from filing/registry endorsement date – Failure to effect timely service renders reference incompetent.
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29 October 2024 |
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Appellant failed to show sufficient cause; non‑service at delivery date is not automatically jurisdictional and appeal is dismissed.
Land law — extension of time to apply to set aside ex‑parte judgment — sufficiency of cause; service of summons — non‑service on date of delivery of ex‑parte judgment and jurisdiction; effect of failure to reply to counter‑affidavit (concession); tribunal's reliance on pleaded facts and court record.
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29 October 2024 |
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29 October 2024 |
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Proceedings against an entity without legal personality are incompetent and the resulting judgment must be quashed.
Land law — Civil procedure — Capacity to sue — Proceedings instituted against a non-existent entity lacking legal personality are incompetent and render judgment void; revision under s.43 of the Land Disputes Courts Act.
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29 October 2024 |
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A non-existent leadership body lacks capacity to be sued; proceedings against it are void and were quashed.
Civil procedure – Capacity to sue – Legal personality of associations/leadership groups – A group without juristic personality cannot sue or be sued; joining such a party renders proceedings void. Land Disputes Courts Act s.43 – Revision powers – Illegality apparent on the face of the record permits revision, quashing and setting aside of tribunal proceedings. Procedural competence – Joinder of non-existent party – fatal jurisdictional defect.
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29 October 2024 |
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Where costs are withheld after a successful preliminary objection, the court must give written reasons; failure is fatal and costs may be awarded.
Civil procedure – costs – discretion to award costs under section 30 CPC – requirement to state reasons where costs do not follow the event – withholding costs without reasons a fatal irregularity; preliminary objection – effect of mediation certificate omission on costs entitlement.
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29 October 2024 |
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28 October 2024 |
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The plaintiffs’ trespass claim accrued on the 2020 invasion; suit filed in 2024 was time-barred.
Limitation law – accrual of cause of action – trespass (re-survey) – three-year limitation for torts – discovery rule and knowledge of claim – requirement to plead exemption from limitation (CPC s.6).
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28 October 2024 |
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Extension of time granted because an apparent illegality on the record justified late lodging of the notice of appeal.
Extension of time – Appellate Jurisdiction Act s.11(1) – good cause – illegality apparent on face of record – Devram Valambhia principle – Lyamuya factors – admissibility/weight of TRA property rate demand note (Exhibit P2) vis-à-vis title deed/certificate of ownership.
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28 October 2024 |