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Citation
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Judgment date
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| June 2024 |
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Appeal struck out because memorandum failed to identify which of multiple tribunal rulings was being challenged.
Civil procedure – appeal competency – requirement to identify the impugned decision – failure to specify renders appeal incurably defective and liable to be struck out. Representation of minors – guardian acting without formal appointment – contested under Order XXXI CPC. Land disputes – mediation at Ward Tribunal under amended Land Disputes Courts Act – timing of amendment relevant to competence of counterclaim
Costs – discretionary under tribunal regulations; refusal to award costs permissible
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28 June 2024 |
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A plaint failing to state when the cause of action arose is incompetent and may be struck out for non-compliance with Order VII, Rule 1(e).
Civil procedure — Order VII, Rule 1(e) — Plaint to state facts constituting cause of action and when it arose — Vague pleading ("recently") insufficient — Annexures cannot cure omission — Failure to plead time affects jurisdiction and prescription — Suit struck out.
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28 June 2024 |
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Appellate court upholds tribunal: sale under an offer was lawful; appellant failed to prove administrator title and lost.
Land law – disposition by legal personal representative; sections 67 & 68 Land Registration Act – applicability to registered estates; distinction between offer of right of occupancy and certificate of occupancy; burden of proof in proving title (s.110 Evidence Act); limitation and requirement to obtain letters of administration; assessment of tribunal’s reasoning and departure from assessors’ opinions.
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28 June 2024 |
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High Court lacked jurisdiction to remove a caveat while a related reference was pending in the Court of Appeal; application struck out.
Jurisdiction – pendency in Court of Appeal – commencement of proceedings in Court of Appeal ousts High Court jurisdiction on same parties/subject matter. Land law – caveat removal – proper remedy against Registrar is appeal under s.102 Land Registration Act. Probate and administration – Land Division should not determine probate matters while related appellate references pending
Locus – applicant not registered owner; statutory remedies available
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28 June 2024 |
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Court granted extension to appeal registrar's rectification decision, finding good cause due to procedural technicalities.
Land law – extension of time to appeal – application of the "good cause" test; title rectification notices; procedural technicalities and withdrawals as justification for delay.
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28 June 2024 |
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Court granted extension of time to apply to set aside an ex‑parte judgment, finding sufficient cause despite procedural shortcomings.
Civil procedure – Extension of time – Application to set aside ex‑parte judgment – Requirement to show sufficient cause; Section 93 Civil Procedure Code invoked. Good cause is relative and fact‑dependent – court vacation, multiplicity of parties, and prior attempts to obtain relief are relevant considerations. Negligence or technical defects do not automatically defeat an application for extension of time
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28 June 2024 |
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Alleged illegality and denial of hearing justified an extension of time to file revision without accounting for each day of delay.
Extension of time – Law of Limitation Act s.14 – Alleged illegality of impugned decision as sufficient cause for extension – No need to account for each day of delay where illegality is alleged – Right to be heard/notice in tribunal proceedings.
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28 June 2024 |
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Appellants' challenge to execution failed because they were parties in the original judgment; appeal dismissed with costs.
Execution of decrees – objection to executability – obligations to raise objections at execution stage; Locus standi/mandate – power of attorney/authority of person instituting suit – factual issue requiring evidence, not a pure point of law on appeal; Effect of typographical errors in judgments – substantive handwritten decision governs; Appeal procedure – appellate court may decline to entertain new factual issues raised for first time on appeal.
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28 June 2024 |
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Application to preserve status quo over properties sold at auction was overtaken by events and struck out with costs.
Civil Procedure – Order XXXVII Rule 1(a) – interlocutory relief to preserve status quo; execution sales and public auction; application overtaken by events; competence of injunction where property disposed; proof of payment irrelevant to competence.
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28 June 2024 |
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A decree and judgment against an unjoined interested third party breached the right to be heard and were quashed.
Land law – necessity to join interested third parties – a person occupying land with contestable interests must be joined and heard before a decree affecting their rights is made
Constitutional law – right to fair hearing (Art.13(6)(a)) – decisions made in breach are nullities
Civil procedure – execution against a stranger – decree executed against unjoined party unlawful
Appellate/revisional jurisdiction – duty of appellate tribunal under section 36 LDCA to address omission of joinder and correct injustice
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28 June 2024 |
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Court dismissed the applicant's ownership suit because an existing decree declaring the property matrimonial remained in force.
Land law – ownership disputes over registered land – effect of prior decree in rem Res judicata / finality of judgment – previous decree declaring sale void and property matrimonial bars fresh determination Execution and objection procedures – Order XXI CPC and remedies; distinction between an aggrieved party instituting a fresh suit and a non-party seeking revision Remedy where a prior decree exists: appeal or revision, not necessarily a new suit
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28 June 2024 |
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Delay by the trial tribunal in supplying a judgment can constitute sufficient cause for extension of time to appeal.
Civil procedure – extension of time to appeal – sufficient cause – delay by trial tribunal in supplying certified copy of judgment; section 19(2) Law of Limitation Act – period for obtaining copy excluded from limitation computation. Judicial discretion – to be exercised according to reason and justice
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28 June 2024 |
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Applicant showed a prima facie dispute over spousal consent but failed to prove irreparable harm and balance of convenience; injunction denied.
Civil procedure – Interim injunction (Mareva injunction) – Requirements under Atilio v Mbowe: prima facie case, irreparable harm, balance of convenience
Evidence – Affidavit versus submissions: submissions are not evidence; essential factual matters must be pleaded in affidavit. Property/mortgage law – Spousal consent to mortgage – contested signature/validity raises triable issue
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28 June 2024 |
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Applicants failed to prove existence and mandate of persons required for leave to institute a representative suit.
Civil Procedure – Representative suit – Order 1 rule 8(1) CPC – requirement to show numerous persons, common interest and mandate
Evidence – proof of authorization – reliability of minutes and signature lists; discrepancies and duplicated signatures may defeat proof of consent. Pleading and proof – court’s duty to scrutinise existence and mandate of persons in representative suit applications
Relief – failure to satisfy Order 1 rule 8(1) results in dismissal with costs
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28 June 2024 |
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Plaintiff’s suit struck out for verification mismatch, undeclared pecuniary jurisdiction, and unrepresented deceased plaintiffs.
Land law — procedural requirements for plaint — verification clause must correctly reflect parties; omission of statement of value (Order VII r.1(i) CPC) is fatal; deceased plaintiffs require legal representatives; incurable defects warrant striking out plaint.
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27 June 2024 |
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The plaintiff's land claim was dismissed as time-barred under the Limitation Act due to possession/registration dates.
Limitation of actions – Land dispute – cause of action – possession (1999) and attempt to register (2009) – Item 22, Schedule, Law of Limitations Act Cap 89 R.E.2019 – time-barred; preliminary objection on jurisdiction left undecided.
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27 June 2024 |
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Tribunal wrongly dismissed ownership claim as non‑jurisdictional based on prior contractual dispute ruling.
Land law – jurisdiction of Land Tribunals; distinction between land dispute (ownership declaration) and breach of contract; limits of stare decisis for subordinate courts; erroneous application of precedent; remittal for determination on merits.
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27 June 2024 |
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Court struck out suit for lack of pecuniary jurisdiction because dispute involved land ownership and plaint’s value was insufficient.
Land law — Jurisdiction — Order VII Rule 1(i) CPC — Requirement to state value of subject matter — Land Disputes Courts Act s.37(1)(a) vs s.37(1)(b) — Suit touching ownership and recovery of possession falls under s.37(1)(a) — Lack of pecuniary jurisdiction — Suit struck out.
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27 June 2024 |
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High Court quashed tribunal decision for determining issues not pleaded, exercising revisionary powers under s.43 Land Disputes Courts Act.
Land law — ownership disputes arising from matrimonial orders and succession; civil procedure — Trial Tribunal must decide only issues pleaded; appellate revision — High Court’s powers under s.43 Land Disputes Courts Act to quash decisions made on matters not in issue.
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27 June 2024 |
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27 June 2024 |
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A review of an interlocutory refusal of an interim injunction is incompetent under Section 78(2) CPC and is dismissed with costs.
Civil Procedure — Review — Section 78(2) CPC — Interlocutory orders not reviewable unless they finally determine the suit; Nature-of-order test; Interim injunction — dismissal interlocutory; Alleged sale of disputed property insufficient without proof; Overriding objective cannot override statutory bar.
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26 June 2024 |
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Delay and alleged advocate negligence do not justify extension where alleged illegality is not apparent on the record.
Civil procedure – extension of time under s.11(1) AJA – requirement to show good/sufficient cause; each day of delay must be accounted for. Advocate’s negligence/miscommunication – does not ordinarily constitute good cause for enlargement of time. Illegality as ground for extension – must be apparent on the face of the record of the decision sought to be appealed (Lyamuya/Valambhia principles)
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26 June 2024 |
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Alleged illegality (clerical error and conditional verdict) can justify extension of time to file review.
Land law – extension of time to file review – illegality on face of record as sufficient cause. Civil procedure – review vs correction – clerical/typographical error in judgment measurement. Tribunal practice – conditional/half judgment and functus officio issues
Precedent – illegality alone can justify extension of time
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26 June 2024 |
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26 June 2024 |
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Suit struck out for failure to join TANESCO, a necessary party given compensation and acquisition allegations.
Land law – Non-joinder – Necessary party – TANESCO alleged to have acquired land and paid compensation – necessity of joinder for effective determination. Civil procedure – Order I rule 3 Cap 33 – effects of failing to join a necessary party; incompetence and nullification of proceedings
Pleadings – reliefs that directly affect third‑party interests require joinder. Procedural prerequisites – locus standi, letters of administration, and limitation as separate competence issues
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26 June 2024 |
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Applicant proved ownership; respondent held a trespasser and ordered to vacate, pay damages and costs.
Land law – proof of title on balance of probabilities; validity and interpretation of sale agreements executed by lay parties; manager’s appointment does not confer ownership; allegations of forgery require stronger proof; parties bound by pleadings — late technical objections rejected; remedies: declaration of ownership, vacant possession, damages and costs.
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26 June 2024 |
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Ward Tribunal lawfully proceeded ex parte, had pecuniary jurisdiction, and was properly composed; appeal dismissed with costs.
Land law – Ward Tribunal jurisdiction – pecuniary jurisdiction and valuation evidence. Civil procedure – ex parte proceedings – service of summons and right to be heard. Administrative law – composition and quorum of Ward Tribunal under section 11 of the Land Disputes Courts Act. Procedural fairness – tribunal member acting as witness and presence of Ward Executive Officer at locus visit
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25 June 2024 |
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Applicant failed to satisfy Atilio criteria for an interim injunction in a lease dispute; relief was overtaken by events.
Civil procedure – Interim injunctions – Order XXXVII r.1(a) and section 95 CPC – application of Atilio v Mbowe criteria (prima facie case, irreparable harm, balance of convenience). Civil procedure – Restoration/status quo ante – substantive relief not ordinarily granted interlocutorily; requires evidence in main suit. Land/lease disputes – alleged eviction, rent arrears, and effect of lease expiry on interim relief
Remedies – pecuniary loss ordinarily remedied by damages; not irreparable harm
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25 June 2024 |
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Judgment partly quashed due to improperly conducted locus in quo; court ordered re-inspection and fresh judgment.
Land law – procedural compliance after death of a party – abatement and letters of administration; Assessors – absence due to illness and requirement to give opinions; Locus in quo – requirements for attendance, oath, cross-examination and recording of location; Improper locus visit vitiates judgment – order for revisiting and fresh judgment.
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25 June 2024 |
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Appeal dismissed: tribunal properly resolved framed boundary issues; brevity of judgment with embedded reasons was sufficient.
Land law – boundary dispute – enforcement of local (hamlet) agreement to leave 1.5 feet between adjoining fences. Civil procedure – appellate review – appellant cannot raise new issues on appeal; Tribunal must answer framed issues
Evidence – unchallenged evidence may be admitted but can be disbelieved if materially inconsistent with other evidence. Judgment writing – Rule 20(1) GN 174/2003 permits short judgments with embedded reasons; brevity alone does not vitiate a judgment
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25 June 2024 |
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Extension of time granted where technical delay and apparent illegality justified filing notice of appeal within 30 days.
Appellate jurisdiction – extension of time under s.11(1) AJA; criteria for extension (Lyamuya factors); technical delay vs actual delay; alleged illegality/irregularity apparent on face of record; diligence where parties pursue revision/review remedies.
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25 June 2024 |
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Claim for recovery of land dismissed as time‑barred under the twelve‑year limitation period.
Land law — Limitation — Actions for recovery of land subject to 12‑year limitation (Law of Limitation Act, item 22 Part I); preliminary objections — time‑bar dispositive; issues of jurisdiction, non‑joinder, res judicata and locus standi not determined where claim is statute‑barred.
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25 June 2024 |
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Contradictory evidence and failure to prove the vendor's authority caused dismissal of the appellant's land claim.
Land law — proof of title — burden of proof in civil cases; discrepancy between pleadings and documentary evidence; administrator's authority to dispose of deceased's land (Probate and Administration law); adverse inference for failure to call a key witness; probative limits of police investigation report; allegations of counsel conflict of interest not established.
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25 June 2024 |
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Advocate’s conflict, lack of locus visit and non-joinder of necessary parties vitiated the tribunal’s land judgment.
Advocates’ professional conduct – conflict of interest – advocate who attests a document and is a potential witness should not represent a party; admissibility and vitiation of proceedings
Evidence – locus in quo – when conflicting factual evidence on land boundaries and resurvey exists, a court/tribunal should visit the locus in quo. Civil procedure – non-joinder of necessary parties (Land Commissioner, municipal council, other occupants) renders a decision ineffective and is fatal to proceedings
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24 June 2024 |
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Applicant showed a triable dispute over land but failed to prove irreparable harm; interlocutory injunction refused and application dismissed with costs.
Land law – interlocutory injunction – Atilio v Mbowe requirements (prima facie case, irreparable harm, balance of convenience); competing titles/land descriptions; irreparable loss must be non-compensable by money; quicquid plantatur solo, solo cedit.
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24 June 2024 |
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Plaintiff lacked locus standi under a denounced general power of attorney; suit struck out with no costs.
Land procedure — preliminary objection — locus standi — power of attorney denounced by donor (indemnity bond) — general power lacking statement donor outside jurisdiction — Order III Rule 2(a) limited — suit struck out.
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21 June 2024 |
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Alleged advocate abandonment does not excuse inordinate delay; applicants must account for delay and show diligence to obtain extension.
Civil procedure — Extension of time under s.11 Appellate Jurisdiction Act — requirements for good cause — Lyamuya principles: account for each day of delay, diligence, absence of inordinate delay — alleged advocate abandonment — illegality must appear on face of record.
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21 June 2024 |
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21 June 2024 |
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Registered title and documentary evidence established appellant's ownership; appeal allowed and tribunal award set aside.
Land law – ownership dispute over surveyed, registered land – effect of offer of right of occupancy and land rent assessment as proof of registration and title
Evidence – weight of documentary evidence and admissions by co-administrators; probate listings and their sufficiency. Torrens principle – registered title in surveyed land affords strong protection; cases on un-surveyed land distinguishable. Civil procedure – effect of separate written defences by co-administrators and consequences of defaulting to appear
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21 June 2024 |
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The appellant’s second appeal is dismissed; tribunals properly evaluated evidence and new appeal-stage facts were rejected.
Land law – possession and limitation – whether claim for recovery of land was time-barred; admissibility of new facts raised on appeal
Evidence – appreciation of evidence by trial and appellate Tribunals; credibility findings and sufficiency of reasons. Customary law – use of customary boundary markers (e.g. anthills) in land boundary disputes
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21 June 2024 |
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Co-occupier unreasonably withheld consent; sale validated and purchaser declared lawful.
Land law – Section 159(6) Land Act – consent of co-occupier to dispose undivided share – requirements: consent sought, given freely (preferably in writing), and not unreasonably withheld; matrimonial/joint ownership; bona fide purchaser protection; joinder of seller as necessary party.
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21 June 2024 |
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A plaintiff must prove valid appointment as estate administrator; name discrepancies in annexed letters defeat locus standi and warrant striking out the suit.
Civil procedure – Preliminary objections – locus standi – capacity to sue as estate administrator – annexures part of pleadings – name discrepancies apparent on face of record – jurisdictional consequence. Civil procedure – striking out – lack of capacity to sue – court may decide on pleadings where annexures show defect
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21 June 2024 |
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An affidavit omitting verification of a paragraph renders the application incompetent and subject to striking out with costs.
Civil procedure – Affidavit verification clause – Requirement to verify each paragraph and distinguish matters of knowledge, information or belief – Defective verification renders application incompetent – Strike out with costs; failure to file ordered written submissions treated as non-appearance.
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21 June 2024 |
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Court granted extension to file appeal, finding delay technical, applicant diligent, and short unexplained delay excusable.
Extension of time – whether sufficient cause shown; technical delay vs. negligence; electronic filing difficulties; Lyamuya principles on due diligence and accounting for delay; one- or two-day unexplained delay excused.
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21 June 2024 |
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A plaint must itself sufficiently describe immovable property under Order VII r.3; failure to do so warrants striking out.
Civil Procedure Code Order VII r.3 — Description of immovable property — Requirement that plaint contain sufficient particulars to identify property; Annexures may supplement but cannot substitute for required description; Unsurveyed land — need for size, boundaries and features to enable executable decree; Failure to describe — incompetence and striking out of plaint.
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21 June 2024 |
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Appellate court upheld tribunal finding respondent proved land ownership against contradictory sale agreements and insufficient occupation evidence.
Land law – ownership dispute over village/unsurveyed land – evidentiary burden (ss.110–111 Evidence Act) – assessment of documentary evidence and witness credibility – contradictions in sale agreements – requirement for reasons in judgment (Reg.20(1) GN 173/2003) – laches/delay not dispositive.
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21 June 2024 |
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20 June 2024 |
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20 June 2024 |
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Appellant lacked administrator capacity and delayed challenge; documentary record and prior ruling upheld Tribunal decision.
Land law — ownership disputes — inheritance and evidence — rent receipts, property tax notices and residential licence — capacity to sue as estate administrator — effect of prior judicial ruling — delay and afterthought claims.
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20 June 2024 |
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Extension of time granted where delay was technical and applicant diligently pursued appellate remedies.
Civil procedure – Extension of time – Application under s.11(1) Appellate Jurisdiction Act and s.21 Law of Limitation Act – Good and sufficient cause required
Limitation – Exclusion of time spent prosecuting another proceeding where prior appeal was incompetent (technical delay)
Appeals – Distinction between technical and actual delay; diligence and good faith in prosecuting appeals. Discretionary relief – Court may grant extension to avoid double penalisation for procedural errors
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20 June 2024 |