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Citation
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Judgment date
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| October 2024 |
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Appeal dismissed: owner not established by appellant’s weak documentary and oral evidence; tribunal erred on one lease finding and on invoking adverse possession but errors were immaterial.
Land law – ownership dispute – weight of oral versus documentary evidence; lease agreements and rate demand notes do not by themselves establish ownership; improper invocation of adverse possession where not pleaded or evidenced; appellate review of credibility findings.
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23 October 2024 |
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Appellant's challenge fails: tribunal's credibility and evidence assessment upheld despite errors on lease signature and adverse possession.
Land law — ownership dispute; evaluation of oral testimony versus documentary evidence; credibility findings; lease agreement signatures and capacity; adverse possession — requirement of pleading and evidentiary support; appellate review of non‑material errors.
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23 October 2024 |
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23 October 2024 |
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A claim concerning the same land between the same parties was held constructively res judicata, depriving the Tribunal of jurisdiction to decide ownership.
Civil procedure – Res judicata – Section 9 Civil Procedure Code – constructive res judicata where parties (or those under whom they claim) and subject matter are the same – effect on jurisdiction to determine merits.
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22 October 2024 |
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Limitation may be decided from the record; adverse possession over registered land must be sought in the High Court.
Land law – Limitation: time-bar can be raised/decided at any stage where evidence discloses it (Law of Limitation Act s.3(1)).; Jurisdiction: declaration of adverse possession over registered land and registration is within High Court’s exclusive jurisdiction (s.37(1) Cap 89).; Procedure: once matter is statute-barred tribunal lacks jurisdiction to decide ownership facts.; Assessors: omission to obtain assessors’ opinion on points of law is curable; assessors assist on facts (s.23(3) Cap 216; Regulation 22 GN 173/2003).
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22 October 2024 |
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Electronic filing submission date counts as filing date, so the reference was timely and the time‑bar objection overruled.
Civil procedure — Time limits — Electronic Filing Rules 2018 r.21(1): submission date treated as filing date — Effect on time computation for references under Order 7 Advocates Remuneration Order.
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22 October 2024 |
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Whether an electronic submission date constitutes the filing date for time limits; court held submission date governs and reference was timely.
Land Division – Reference against Deputy Registrar’s refusal of extension of time – Preliminary objection of incompetence on grounds of time bar. Civil procedure – Electronic Filing Rules 2018, r.21(1) – submission date through e‑filing system constitutes filing date
Advocates Remuneration Order GN No.264/2015 – time limits for filing references under Order 7
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22 October 2024 |
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Where a seller lacked title, the sale was void ab initio and revocation of the plaintiff's title was lawful.
Land law – title disputes – priority of allocation and rectification – nemo dat quod non habet – void transaction; Revocation of registered title by land authority lawful where original allocation predates competing transfers; civil standard of proof (balance of probabilities).
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22 October 2024 |
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A purchaser cannot acquire better title than a seller who lacked ownership; revocation of certificate of title was lawful.
Land law – Ownership – Nemo dat quod non habet – Validity of sale of land by non-owner – Cancellation of certificate of title – Authority of land administration to rectify register – Remedies for purchaser without title.
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22 October 2024 |
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21 October 2024 |
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Appeal nullified where plaint failed to sufficiently identify immovable property as required by law.
Land law – pleading requirements for immovable property; Order VII Rule 3 CPC – necessity of specific description (size, boundaries, title number); competence of proceedings; court’s revisional powers under section 43 Land Disputes Courts Act; suo motu consideration of competence.
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21 October 2024 |
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Appeal dismissed: tribunal properly evaluated evidence; application incompetent for failure to describe and demarcate the suit land.
Land law — requirement for pleadings to describe and demarcate suit land — inadequacy renders application incompetent
Evidence — evaluation of exhibits — Ward Tribunal decisions do not bind non-parties or establish title to a different parcel. Civil procedure — failure to amend defective pleadings and inability to benefit from one's own procedural omissions
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21 October 2024 |
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Appellant's failure to prove a public auction and produce title documents defeats claim of superior mortgage priority.
Land law – priority of informal mortgages – requirement of evidence to establish priority; Evidence – burden of proof s.110 Evidence Act – he who alleges must prove; Property sales – proof of public auction and transfer documentary requirements; Procedure – misdescription of party/non-existent entity not fatal if substance unaffected.
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21 October 2024 |
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Applicant's failure to prove a public auction led to dismissal and affirmation of respondent's superior title.
Land law – dispute over title to immovable property secured by loans and informal mortgage/document deposit; priority and proof of title
Evidence – burden of proof in civil matters under section 110 Evidence Act; requirement for documentary proof of public auction. Civil procedure – effect of misdescription of a legal entity in proceedings; substance over form where misdescription does not prejudice parties
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21 October 2024 |
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Leave to amend must specify extent of changes; where amendment introduces new cause of action the amended plaint may be expunged and suit struck out.
Civil procedure – Amendment of pleadings – Order VI r.17 CPC – necessity to specify nature and extent of amendment to avoid introducing new cause of action; Functus officio – consent decree – remedy for alleged fraud, misrepresentation or mistake is a fresh suit; Res judicata and finality of consent decrees.
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21 October 2024 |
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Failure to file defence to a counterclaim does not automatically entitle the applicant to default judgment.
Land law – ownership dispute over registered land; counterclaim – failure to file written statement of defence not automatic ground for default judgment; revocation/reversion of title – government interest and necessary parties; jurisdiction of DLHT where Government interest arises; locus in quo – exceptional circumstances required for site visit.
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21 October 2024 |
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21 October 2024 |
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Appellate court nullified tribunal judgment and ordered retrial for failure to consider Ministry survey ban and unresolved material issues.
Land law – boundary/encroachment dispute – admissibility and weight of neighbours’ evidence – duty to consider Ministry of Lands’ directive prohibiting surveys – defective judgment leaving material issues undecided – retrial ordered.
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21 October 2024 |
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21 October 2024 |
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A trespass-based land claim filed after the three-year limitation period is time-barred; appeal dismissed.
Land law – limitation of actions – tort of trespass attracted three-year limitation (item 6, Part I, First Schedule, Limitation Act) – pleadings and evidence may give rise to limitation defence – failure to plead exemption (Order VII r.6 CPC) bars reliance on prior proceedings – tribunal erred in deciding ownership without counterclaim but dismissal for limitation upheld.
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18 October 2024 |
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Prompt withdrawal of a suit permits dismissal without costs unless the defendant shows prejudice or substantial incurred expenses.
Civil procedure – Withdrawal of suit under Order XXIII Rules 1 and 2(a)–(b) – Right to withdraw at any stage; Costs on withdrawal discretionary – Factors: malice, stage of withdrawal, prejudice or financial burden to defendant; Engagement of counsel alone not automatic basis for costs.
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18 October 2024 |
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Applicant permitted to withdraw early-stage application; preliminary objection need not be heard and no costs were ordered.
Civil procedure – Withdrawal of suit or application – Applicant’s right to withdraw at any stage – Balance between withdrawal right and respondent’s interest when a preliminary objection exists. Civil procedure – Preliminary objection – Filing and service of PO does not automatically bar withdrawal; court to weigh prejudice and costs
Costs – Court’s discretion – early withdrawal and insufficient evidence of substantial expenses justify no order for costs
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18 October 2024 |
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Plaintiffs proved registered ownership and secured permanent injunction; alleged public-use designation and title fraud were unproven.
Land law – ownership of registered land – proof of title and disposition; land use – residential versus public/open space designation; title procurement – allegations of fraud and requirement of higher proof; reliefs – declaration of ownership, trespass and permanent injunction; role of land authorities to investigate title irregularities.
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18 October 2024 |
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An appeal against a consent decree is incompetent and was struck out; parties ordered to bear their own costs.
Land law – Consent judgment/deed of settlement – Regulation 18 GN 173/2003 – No appeal from decree passed with parties' consent (s.70(3) Civil Procedure Code) – Competency of appeal.
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18 October 2024 |
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Consent judgment releases disputed matrimonial property from mortgage, protects applicant’s occupation, and requires defendants to negotiate loan repayment.
Land law – Mortgage of matrimonial property – Validity where consent of spouse absent – Release of mortgage by agreement; Civil procedure – Strike out of defence for non‑attendance at pre‑trial (Order VIII Rule 20(1)(b)); Alternative dispute resolution – Mediation leading to consent judgment under Order VIII Rules 33(a) and 34; Reliefs – Declaration, release of mortgage, protection of occupation, negotiation of loan repayment.
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18 October 2024 |
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Revision is competent to challenge execution proceedings where appeal against execution orders is unavailable.
Land law — Revision vs appeal — Execution orders not appealable — Regulation 24 LDCR 2003 — Revisional jurisdiction under Section 43 LDCA and Order XLIII R.2 CPC — Section 74 & Order XL CPC — Illegality and procedural impropriety in execution proceedings.
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18 October 2024 |
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Whether a parent/attorney can maintain a trespass claim when title documents name minors as purchasers.
Land law — capacity to contract and ownership — effect of sale agreement executed in favour of minors; special power of attorney/parental representation; admissibility and alleged fabrication of title documents.
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18 October 2024 |
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Where land ownership hinges on allocations, the allocating village council is a necessary party; proceedings quashed and remitted.
Land law — disputed village land allocation — necessity of joinder — Village Council as necessary party where allocation authority is central; Civil Procedure — Order I (joinder) — court duty to scrutinise pleadings; Remedial relief — quashing proceedings, permitting amendment to join necessary party and remitting for rehearing.
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18 October 2024 |
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Applicant’s unpleaded notice and forgery complaints failed; appeal dismissed with costs.
Land law – enforcement of mortgage security – requirement for 60‑day notice under Land Act s.127(2) and 14‑day notice under Auctioneers Act s.12(2) – effect of failure to plead or prove non‑service. Civil procedure – parties bound by pleadings – issues not pleaded cannot be introduced at trial or on appeal
Evidence – allegation of forgery – burden to prove lack of genuineness of documents. Mortgage priority – sale of collaterals and mortgagee’s right to exercise power of sale once borrower defaults
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17 October 2024 |
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Demolition of plaintiff's registered land while revision pending was unlawful; plaintiff awarded damages, injunction and costs.
Land law – ownership established by sale agreements and title deeds; illegal execution and demolition – demolition while High Court revision pending unlawful; remedies – partial compensation, interest, general damages, permanent injunction and costs.
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17 October 2024 |
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17 October 2024 |
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Appeal struck out for incompetence where parties on appeal differed from those in the tribunal judgment.
Land appeal – competence – parties on appeal must be the same as those in the trial court – improper substitution of an administrator with a personal impleading converts the appeal into a different case – appeal struck out.
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17 October 2024 |
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16 October 2024 |
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Delay in supplying judgment and technical delay prosecuting a defective application justified extension of time to appeal.
Land law – Extension of time to file appeal under s.41(2) Land Disputes Courts Act – meaning of "good cause" – factors from Lyamuya and Khadija. Delay in supply of judgment/decree by tribunal may constitute good cause if applicant diligently follows up. Technical delay caused by prosecuting a defective/incompetent application is excusable (Salvanda Rwegasira)
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16 October 2024 |
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16 October 2024 |
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Failure to serve respondents within seven clear days under Order 7(3) rendered the reference incompetent and it was struck out.
Advocates Remuneration Order, 2015 (Order 7(3)) – mandatory requirement to serve copies on parties within seven clear days of filing a reference – non-compliance renders the reference incompetent. Procedural law – leave to serve out of time – applicant must seek court's leave when service cannot be effected within mandatory time-limits
Taxation – challenge to Taxing Officer’s decision – competence of reference where bill was struck out on technical grounds (not determined in this ruling as matter disposed on service non-compliance)
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16 October 2024 |
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Appeal dismissed: consent deed constituted res judicata and bound privies; Tribunal’s ruling upheld.
Land law; res judicata — consent deed as final judgment; privity — privies bound by prior settlement; cause of action — same subject matter despite variation in claimed area; finality of litigation.
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15 October 2024 |
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Review dismissed; no error on face of record and land suit was prematurely filed without exhausting Order XXI remedies.
Civil procedure — Review of judgment — Section 78 and Order XLII CPC — error apparent on face of record; Land law — premature fresh suit — necessity to exhaust remedies under Order XXI (Rules 57 and 98) including objection proceedings; Risk of conflicting decisions over same immovable property.
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15 October 2024 |
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Appellant failed to prove a subsisting restraining order or undervalue; auction sale upheld and appeal dismissed.
Land law – mortgagee sale by auction – existence and subsistence of interim restraining order – burden on party alleging order; Evidence – necessity of valuation report to prove undervalue; Auction procedure – publication and certificate of sale adequate proof; Unjust enrichment – requires proof of undervalue or procedural defect; Standard of proof – balance of probabilities in civil claims.
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15 October 2024 |
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Insufficient land description vitiates tribunal jurisdiction; documentary evidence should outweigh unsupported oral title claims.
Land law – Pleadings – Sufficiency of description of suit land – Regulation 3(2)(b) Land Disputes Courts Regulations and Order VII Rule 3 CPC
Jurisdiction – Jurisdictional defects may be raised at any stage including on appeal
Evidence – Documentary evidence (residential license) takes precedence over uncorroborated oral title claims; erroneous evaluation vitiates decision
Remedies – Where tribunal lacks jurisdiction and misdirects on evidence, its judgment and decree are nullified
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15 October 2024 |
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Whether an unsigned sale is valid where purchaser paid, received the title deed and took possession.
Land law – Sale of land – Validity of disposition where vendor did not sign agreement but purchaser paid, received title deed and possession; burden of proof in ownership disputes – tribunal’s duty to frame issues and not to shift onus; discharge of contract – performance and delivery as transfer of ownership; evidential weight of bank deposit slips and possession.
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15 October 2024 |
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Court granted the applicant an extension to file a bill of costs, finding compliance with the scheduling order and sufficient cause.
Extension of time – Bill of Costs; computation of time and interpretation of scheduling orders; Good cause and accounting for delay under Lyamuya; pendency of set-aside application as justification for delay; discretionary relief granted.
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15 October 2024 |
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15 October 2024 |
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15 October 2024 |
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Appellants' challenge to respondent's title over alleged lack of spousal consent and evidence was dismissed with costs.
Land law – proof of sale by agreement and witnesses; Law of Marriage Act s59 – spousal consent and matrimonial property; Evidence Act ss110 and 115 – standard and burden of proof; weight of witnesses; assessor's opinion considered but not binding.
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15 October 2024 |
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Application for revision struck out as incompetent, time‑barred and an abuse of process for citing outdated law.
Civil procedure — Preliminary objection — Reliance on superseded statutory provisions — Citing outdated Civil Procedure Code renders application incompetent; Limitation — Law of Limitation Act Part III Item 21 — 60‑day bar for attachment/objection applications; Abuse of process — Objections to execution to be brought before court that passed the decree (jurisdictional/ procedural requirement); Order 21 Rule 57 considerations.
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15 October 2024 |
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A fresh suit after objection proceedings need not be in the same court; joinder of interested minors was permissible and objection overruled.
Civil procedure – Order XXI Rule 62 CPC – effect of objection proceedings and remedy by fresh suit Joinder – next friend/minors as interested privies – permissibility in fresh suit Jurisdiction – competence determined by statutory factors (value, nature, territorial); land disputes to land courts/High Court when thresholds met Government Proceedings Act and statutory court creation – jurisdiction is creature of statute
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15 October 2024 |
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Application for stay of execution dismissed for failure to provide security and lack of High Court jurisdiction.
Civil procedure – Stay of execution – Order XXI Rule 27 CPC – requirement to furnish security
Jurisdiction – High Court lacks appellate jurisdiction over Ward Tribunal decisions; District Land and Housing Tribunal is proper forum. Execution orders – limitations on appeals; remedies under Land Disputes Courts Act and Regulations. Forum non conveniens – stay/extension applications to be handled by District Land and Housing Tribunal
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15 October 2024 |
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Revision dismissed: execution upheld because pleadings claimed four acres and execution followed the decree.
Land law — Execution — Scope of execution must comport with the decree and pleadings; parties bound by pleadings; executing court cannot be faulted where execution follows the pleaded decree; revision for alleged excess requires substantive basis.
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15 October 2024 |
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Failure to obtain ward tribunal certification under section 13 renders District Land and Housing Tribunal proceedings a nullity.
Land law – jurisdiction – District Land and Housing Tribunal – requirement of ward tribunal certification under section 13 of the Land Disputes Courts Act – mandatory precondition. Civil procedure – jurisdictional prerequisite – non-compliance renders proceedings nullity
Appeal – jurisdictional defect dispositive; no need to determine other grounds
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15 October 2024 |