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Citation
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Judgment date
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| April 2024 |
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Alleged fraud does not avoid res judicata; prior consent judgment bars relitigation and the suit is struck out with costs.
Res judicata – prior consent judgment and decree – Section 9 Civil Procedure Code – land dispute – alleged fraud in procurement of consent judgment – proper remedy to set aside consent judgment, not relitigation – functus officio – striking out suit with costs.
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30 April 2024 |
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A borrower lacks locus standi to challenge sale or custody of land registered in guarantors' names; suit struck out with costs.
Constitutional/Procedural law – Locus standi – Requirement of sufficient legal interest to sue regarding registered land; borrower lacks proprietary interest in guarantor’s pledged property. Land law – Ownership – Registration as determinative of ownership under the Land Registration Act. Civil procedure – Preliminary objection – jurisdictional objection leading to striking out of suit
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30 April 2024 |
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Applicant failed to show a prima facie case of absent spousal consent; injunction dismissed with costs.
Injunctions — interlocutory injunction — requirements under Atilio v Mbowe: prima facie case, irreparable harm, balance of convenience; Spousal consent — evidentiary effect of signed facility agreement and consent form; Failure to reply to counter-affidavit weakens applicant's challenge to documentary evidence.
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30 April 2024 |
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The appellant’s land appeal was struck out for failing to attach the Registrar’s written decision with reasons as required by statute.
Land Registration Act – Appeal under section 102 – requirement to attach copy of Registrar’s decision, order or act – section 102(3) – section 101 requirement that Registrar’s decision be in writing and state reasons – Official Search Report is not a decision with reasons and does not satisfy section 102(3).
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30 April 2024 |
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Applicant failed to prove a subsisting marriage or that the properties were a matrimonial home; injunction dismissed as abuse of process.
Civil procedure — Interim injunction — Requirement to establish prima facie case, irreparable harm and balance of convenience; Matrimonial property — Distinction between matrimonial home and matrimonial assets — Spouse's consent required for alienation/mortgage of matrimonial home (Law of Marriage Act s59; Land Act s114); Abuse of court process — Repeated applications for same relief after prior interim orders and withdrawal of main suit.
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30 April 2024 |
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A company’s counterclaim without a board resolution is incompetent and may be struck out with costs.
Companies law – institution of suits by a company – requirement of board resolution under s.147(1) – counterclaim as an independent suit – failure to file written submissions tantamount to non-appearance – strike out of incompetent counterclaim.
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30 April 2024 |
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A plaint that fails to sufficiently describe disputed immovable property (boundaries, neighbours or title) is incompetent and will be struck out.
Civil Procedure — Order VII Rule 3 — Requirement for sufficient description of immovable property in plaint; title number if registered. Land disputes — Unsurveyed land — Description must include size, boundaries, neighbours and physical features to enable identification and execution of decree
Pleadings — Incompetent plaint — Failure to sufficiently identify suit property renders suit liable to be struck out
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30 April 2024 |
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Application to extend time to serve a notice of appeal was procedurally misplaced and therefore struck out.
Procedure — Extension of time to appeal — Applicant withdrew Court of Appeal appeal for failure to join a party (Rule 102(1)) — Notice of Appeal must be lodged (Rule 83) before service (Rule 84) — Relief sought to extend time to serve a not-yet-filed notice is procedurally misplaced — Application struck out.
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30 April 2024 |
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Time awaiting certified copies/drawn order excluded from computing the 45-day appeal period; appeal held timely.
Land appeal period – computation of 45-day time limit under section 41(2) – automatic exclusion where certified copy/drawn order issued later; Nicodemus Lusambo (Civil Appeal No.486/2022) distinguished – written request requirement inapplicable on these facts.
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30 April 2024 |
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Applicant granted 14‑day extension to file notice of appeal after Registrar delayed supplying the written decision.
Land — extension of time to file notice of appeal — delay caused by Registrar of Titles' failure to supply written decision — applicant's requests and court mandamus — denial of right to be heard and illegality argued — reasonable cause found.
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30 April 2024 |
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Proceedings continued after an applicant’s death without appointment of a legal representative were irregular and the Tribunal’s judgment was nullified.
Civil procedure — Death of a party during proceedings — Requirement to appoint legal representative/administrator — Order XXII Rule 3(2) Civil Procedure Code — Abatement after 90 days; Land Disputes (DLHT) Regulations — Regulation 15(a) — Continuance of proceedings in absence of legal representative renders proceedings nullity; protection of estate interests; appeal naming deceased improper until administrator appointed.
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30 April 2024 |
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A tribunal cannot sustain a preliminary objection dependent on factual evidence heard at trial; the matter must be decided on the merits.
Civil procedure – preliminary objection – must raise a pure point of law and be decided on assumed pleaded facts – cannot depend on factual evidence already adduced. Limitation of actions – accrual of cause of action under s.9(2) Law of Limitation Act – factual determination required where evidence bears on accrual. Fair trial – sustaining a fact-dependent preliminary objection after hearing evidence may prejudice parties and warrants quashing and remittal
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30 April 2024 |
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A preliminary objection fails where pleadings sufficiently allege defendants’ involvement in alleged trespass and eviction.
Preliminary objection — point of law versus disputed facts; sufficiency of pleadings to show cause of action; allegations of trespass and unlawful eviction implicating non‑title defendants.
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30 April 2024 |
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Appeal dismissed for want of prosecution after amended petition and submissions were filed out of time without leave.
Civil procedure — Appeal — Failure to comply with court-ordered filing deadlines — Amended petition filed out of time without leave treated as not filed — Appeal dismissed for want of prosecution; substantive issues not determined.
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30 April 2024 |
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The applicant's suit to set aside a sale in execution was time‑barred for failure to plead statutory exclusion.
Limitation law – sale in execution – item 4 Schedule, Law of Limitations Act – two‑year limitation period. Exclusion of time – section 21(1), Law of Limitations Act – not automatic; must be pleaded. Pleading requirement – Order VII Rule 6, Civil Procedure Code – plaint must state grounds for exemption. Civil procedure – preliminary objection – pure point of law capable of disposing of suit
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30 April 2024 |
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Appeal allowed: dismissal set aside and application restored due to tribunal file transfer/misplacement and inconsistent records.
Civil procedure – extension of time – setting aside dismissal for want of prosecution – misplacement/transfer of court file and reassignment of chairpersons may justify extension in interest of justice. Land disputes – restoration of dismissed application – requirement to consider tribunal records and procedural irregularities before applying Regulation 15(a) GN No.174/2003
Evidence – court records inconsistencies can rebut presumption that proceedings were properly conducted
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30 April 2024 |
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Whether the appellant proved the property was a matrimonial home requiring spouse's consent to the mortgage.
Land law – mortgage on disputed property – spouse's consent – proof of matrimonial home and requirements to rebut presumption of sole ownership
Evidence – authenticity of documentary evidence – inconsistencies in dates and signatures affecting probative value. Banking law/KYC – mortgagee's duty to inquire into mortgagor's marital status – reliance on sworn affidavit and inspection. Civil procedure – preliminary objection on prior withdrawal overruled for lack of supporting order
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30 April 2024 |
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30 April 2024 |
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Failure to record assessors in the coram vitiates DLHT proceedings and requires retrial before new chairperson and assessors.
Land disputes — Composition of DLHT — chairman plus assessors required — failure to record assessors in coram vitiates proceedings; procedural irregularity — assessors' opinions without recorded participation unenforceable; remedy: nullification and retrial before new chairperson and assessors.
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30 April 2024 |
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Applicant failed to prove ownership; tribunal's credibility findings upheld and appeal dismissed.
Land law — ownership disputes — burden of proof on claimant to establish title on balance of probabilities; credibility assessment and authenticity of sale agreement; joinder of parties not mandatory where vendor alleged deceased; late filing of submissions may permit ex parte determination.
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30 April 2024 |
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A prior strike-out for prematurity does not make the applicant's fresh land suit res judicata; registration issues are factual and premature to decide.
Civil procedure – Res judicata – Effect of strike-out for prematurity – Leave to institute fresh suit upon registration. Civil procedure – Abuse of process – Failure to comply with prior directive to register instrument – factual question requiring evidence. Land law – Dispute over survey and creation of plots – preliminary objections on procedural grounds
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29 April 2024 |
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Applicant's revision dismissed: tribunal properly adjourned then lawfully proceeded when respondent and advocate failed to appear.
Land – Execution proceedings – Right to be heard – Adjournment and absence of parties – Tribunal entitled to proceed where party and advocate fail to appear – Revision for error on face of record.
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29 April 2024 |
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Court entered consent judgment recording settlement: 1st defendant to pay plaintiff, secure title transfer and release heirs' interests.
Land law – Consent judgment – Recording and adoption of Deed of Settlement by court – Withdrawal of claims against some defendants – Enforcement of settlement terms including payment obligations, transfer of Certificate of Title, execution of power of attorney and extinguishment of heirs’ interest.
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29 April 2024 |
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Court granted temporary injunction maintaining status quo against demolition pending resolution of disputed road‑reserve ownership.
• Civil procedure – interim injunction (mareva-type relief) – application must satisfy Atilio v Mbowe criteria: prima facie case, irreparable harm, balance of convenience. • Property law – disputed ownership vs road reserve status – injunction to maintain status quo pending land suit. • Public interest – suspension of road works weighed against risk of irreparable loss to occupiers.
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29 April 2024 |
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29 April 2024 |
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A respondent's preliminary objection disputing subject-matter valuation is a factual issue and was overruled.
Land law – pecuniary jurisdiction; Civil procedure – preliminary objection; Mukisa principle – preliminary objections limited to pure points of law; Annexures and valuation – factual issues requiring evidence; Lyamuya authority on objections.
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29 April 2024 |
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Alleged procedural illegality not apparent on record and uncorroborated illness do not justify extension of time to appeal.
Extension of time – discretion and good cause – illegality as sufficient cause only if apparent on face of record – alleged procedural irregularities requiring long argument do not qualify – uncorroborated illness insufficient excuse.
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29 April 2024 |
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Illegally executed government land acquisition nullified; applicant restored to ownership and awarded general damages and costs.
Land law – Acquisition for public purpose – Procedural compliance and compensation requirements – Failure to identify and compensate registered owner renders acquisition illegal and void; trespass/demolition – burden of proof for specific damages; general damages where title restored.
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29 April 2024 |
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Closing an applicant’s case without considering adjournment and giving reasons breaches fair hearing; proceedings quashed and remitted.
Land law – access easement dispute – procedural fairness in adjudication; Civil procedure – Tribunal’s power to close parties’ cases – Regulation 13(2) GN No.174/2003; Natural justice – duty to give reasons and consider adjournment requests; Constitutional right – fair hearing under Article 13(6); Remedy – quashing of proceedings and remittal for further hearing.
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29 April 2024 |
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29 April 2024 |
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Application for extension of time to appeal dismissed: delay unexplained, alleged illegalities not apparent on face, stay application redundant.
Civil procedure – Extension of time to file notice of appeal under section 11(1) AJA – requirements under Lyamuya – applicant must account for all delay, show diligence and that delay is not inordinate. Civil procedure – Illegality as good cause – illegality must be apparent on the face of the record to ground extension of time; evaluation-of-evidence complaints do not suffice. Civil procedure – Doctrine of functus officio – the trial court cannot reassess alleged illegalities in its own judgment when entertaining an application for extension of time
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29 April 2024 |
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A district land tribunal lacks jurisdiction over contractual disputes concerning surveying and sale of land.
Land law – Jurisdiction of District Land and Housing Tribunal – Distinguishing land disputes from contractual disputes – Exim Bank test (pleaded facts and reliefs) – Tribunal lacks power to nullify/terminate contracts or grant contractual remedies.
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27 April 2024 |
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Court struck out suit as res judicata despite change in mode of sale.
Res judicata – Section 9 Civil Procedure Code – same parties, same subject matter and substantially same reliefs bar re-litigation; change of mode of sale (public auction vs tender) immaterial; court functus officio; suit struck out with costs.
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25 April 2024 |
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Applicant failed to show sufficient cause for extension of time; unpleaded illegality grounds were afterthoughts.
Limitation of actions – extension of time – sufficient cause – delay in supply of certified copies – illegality on face of record – afterthought grounds in submissions – financial constraints and subsequent criminal proceedings not excusing delay.
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25 April 2024 |
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A granted right of occupancy is an indefeasible title; defendant’s occupation was trespass but claimed damages were unproven.
Land law – granted right of occupancy – Torrens registration – certificate of occupancy as conclusive, indefeasible title. Property disputes – competing claims – burden of proof and balance of probabilities
Trespass – unlawful occupation where defendant lacks title
Damages – special damages must be pleaded and proved; unproven claims are dismissed
Evidence – authenticity and pleadings: non-pleaded facts and inconsistent documents undermine claims
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25 April 2024 |
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Plaintiff’s challenge to mortgage and sale was time-barred; purchaser protected as bona fide; suit dismissed with costs.
Land law – mortgage registered for unspecified amount – preclusive effect of registered mortgage over subsequent documents; Limitation – challenge to mortgage barred by 12-year limitation (Item 17 Part I); Sale and transfer – protection of bona fide purchaser for value (s.51 Cap.334; s.135 Cap.113); Planning proclamation – declaration of planning area does not extinguish right of occupancy.
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25 April 2024 |
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An appeal omitting trial parties without court leave is incompetent and will be struck out with costs.
Civil procedure – Appeal competency – omission/alteration of parties in appeal without leave – parties in subsequent proceedings must be the same as in trial proceedings. Civil procedure – Preliminary objection – may be raised at any time and must be decided before merits
Remedies – incompetent appeal to be struck out with costs
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25 April 2024 |
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Suit struck out because the first plaintiff sued personally instead of as the deceased’s legal representative, rendering it incompetent.
Civil procedure – capacity to sue – legal representative – locus standi – incompetence – striking out – no order as to costs; remittal by Court of Appeal noted.
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25 April 2024 |
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25 April 2024 |
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Extension of time denied where applicant failed to account for delay and alleged illegality was not apparent on the record.
Law of Limitation Act s.14(1) – extension of time – requirement to show sufficient/good cause; Land Disputes Courts Act s.41(2) – 45-day appeal period; need to account for each day of delay; illegality as ground for extension only if apparent on face of record (Lyamuya principle).
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25 April 2024 |
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Whether assessors’ site-visit opinions bind the chair and whether ownership of the surveyed plot versus adjacent reserved valley was proved.
Land law — ownership and trespass — distinction between surveyed titled plot and adjacent reserved valley (bondeni) — assessors’ site-visit opinions not binding but must be considered; reasons required for differing — evidential burden to prove compensation or native occupancy; failure to prove ownership defeats occupation claim.
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25 April 2024 |
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24 April 2024 |
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Appeal dismissed: pleadings showed cause of action accrued in 2008, rendering the suit filed in 2021 statute-barred.
Limitation of actions – Cause of action accrual – Contract claims (six years) and recovery of land/vacant possession (twelve years) – Pleadings determining accrual – Preliminary objection for being time-barred.
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24 April 2024 |
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Court released third‑party property from attachment after applicant proved interest; execution stayed as to that property.
Land execution — third‑party objection to attachment — Order XXI Rules 57–59 CPC — burden on objector to prove interest at date of attachment; investigation and release of property from execution where owned by third party.
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24 April 2024 |
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Sale of mortgaged property at gross undervalue breached mortgagee’s duty; sale set aside and re‑auction ordered.
Land law – Mortgagee’s duty to obtain best price – Section 133(1) and (2) Land Act – undervalue presumption where sale is ≥25% below market – admissible valuation evidence and burden of proof – sale set aside and re-auction ordered.
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24 April 2024 |
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Applicant granted temporary injunction to restrain disposal of land allegedly mortgaged using deceased guarantor’s signature.
Injunctions — temporary injunction — Atilio v Mbowe requirements: prima facie case, irreparable injury, balance of convenience; challenge to mortgage validity based on alleged posthumous guarantor signature; administratrix’s right to seek injunctive relief; court may decide on one-sided written submissions where respondents default.
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24 April 2024 |
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The court quashed the dismissal against the applicant because the main matter proceeded while an interlocutory application remained pending.
Land procedure – dismissal for want of prosecution – stay of main proceedings pending determination of interlocutory/miscellaneous application – requirement to account for each day of delay – exercise of powers under section 43 Land Disputes Courts Act – quashing ex-parte orders and remittal for rehearing.
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23 April 2024 |
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Tribunal erred in granting unpleaded relief; residential licence is not conclusive proof of sole ownership; appeal allowed.
Land law — residential licence (derivative right) is not equivalent to granted right of occupancy or registered torren title; procedure — requirement to read plaint under GN.173/2003 not fatal absent prejudice; civil procedure — relief cannot be granted to defendant without counterclaim; mortgages — mortgagee’s duty to verify ownership before accepting collateral; bona fide purchaser — constructive notice of dispute defeats protection; evidence — attestation requirement not fatal when execution is admitted and attesting witness testifies.
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23 April 2024 |
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Court lifted corporate veil where directors concealed company assets, frustrating execution of an appellate refund order.
Company law – Lifting the corporate veil – Exceptional circumstances where directors conceal company assets to frustrate execution of a decree – Salomon principle and Yusufu Manji applied; execution enforcement.
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23 April 2024 |
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Late supply of the judgment justified an extension of time to appeal; fourteen days granted to file the appeal.
Land law — Extension of time to appeal — Sufficient cause — Delay in furnishing copy of judgment — Benefit of doubt where tribunal fails to show date documents were supplied — Extension granted.
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23 April 2024 |