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Citation
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Judgment date
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| October 2024 |
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Res sub judice objection dismissed because issues differ and the tribunal lacks jurisdiction over the monetary claim.
Civil procedure — Res sub judice — Section 8 Civil Procedure Code — applicability requires identity of issues, same parties, pending earlier suit and competent forum; failure of any condition defeats objection. Jurisdiction — District Land and Housing Tribunal lacks jurisdiction to adjudicate High Court monetary claim exceeding its pecuniary limits. Distinction between claims for rent arrears and proceedings for termination/injunction relevant to res sub judice analysis.
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15 October 2024 |
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High Court declined to certify points of law for third appeal, finding all proposed grounds unsubstantiated.
Appeals — Certification of point of law for appeal from Ward Tribunal to Court of Appeal; Tribunal procedure — participation of member who testified and validity of membership; Assessors — requirement for written opinions and whether opinions must be read to parties; Jurisdiction — evidentiary threshold for establishing tribunal’s lack of jurisdiction.
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11 October 2024 |
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High Court refused certification for appeal from a Ward Tribunal, finding no arguable point of law for the Court of Appeal.
Land law – Certification for appeal to Court of Appeal from Ward Tribunal – Whether tribunal member’s testimony vitiates proceedings; validity of tribunal membership; assessors’ written opinions and reading over to parties (Reg.19(2) GN 173/2003); tribunal jurisdiction and value of subject matter.
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11 October 2024 |
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Revision granted where interested non‑parties were denied the fundamental right to be heard; DLHT proceedings nullified.
Land law – revision – interested non-parties – right to be heard – where third parties with proprietary interest were not joined to DLHT proceedings, revision is available. Civil procedure – revisional jurisdiction – Section 43, Land Disputes Courts Act – nullification of tribunal proceedings where fundamental hearing rights denied. Issues raised of pecuniary jurisdiction and limitation noted but primary relief granted on denial of hearing.
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11 October 2024 |
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Applicant’s lengthy, unexplained delay and unproven counsel negligence did not justify extension of time to appeal.
Extension of time – Appellate Jurisdiction Act s.11(1) – requirement to show sufficient cause and account for each day of delay. Advocate’s negligence – generally not sufficient ground; litigant’s duty to follow up case progress. Inordinate delay (approx. 1,571 days) – lack of diligence and absence of apparent illegality. Relevant authorities: Lyamuya, Devram Valambia, Lessani Kweka, Lim Han Yung.
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11 October 2024 |
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A mediated settlement in a 450‑acre land dispute was recorded as judgment, allocating crop areas to applicants and remaining land to respondents.
Land dispute – consent judgment – mediation – recording settlement under Order VIII Rules 33(a) & 34 CPC – allocation by permanent crops and developed parcel – incorporation of village grazing/water-use agreement.
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11 October 2024 |
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11 October 2024 |
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Appellant failed to prove ownership; Tribunal’s site measurements and evidence evaluation were upheld and appeal dismissed.
Land dispute — ownership and trespass — evaluation of evidence and burden of proof (s.112 Evidence Act) — locus in quo/site visit — pleadings versus oral case — appellate review of factual findings.
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11 October 2024 |
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Appeal dismissed as time-barred where no written request for certified copy justified exclusion of time and appeal filed after the statutory period.
Land law — Appeals from District Land and Housing Tribunal — Time limit for filing appeal under s.41(2) LDCA — Computation of appeal period and effect of certified copy date — Exclusion of time for obtaining copies only where written request made (principle applied from Valerie McGivern) — Preliminary objection that appeal is time-barred — Failure to file reply submissions treated as concession.
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10 October 2024 |
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Administrator's evidence outweighed unsupported oral sale; appellate court quashed tribunal decision and allowed the appeal.
Land law – ownership disputes – administrator’s locus to claim estate property – oral sale unsupported by documentary evidence – evaluation of evidence on balance of probabilities – hearsay insufficient to displace estate claim.
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10 October 2024 |
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Appeal dismissed as time-barred because appellants failed to request or obtain a certified copy within the statutory appeal period.
Civil procedure – limitation of appeals – computation of appeal period from pronouncement or receipt of certified copy – requirement of written request to exclude time spent obtaining copy; Land Disputes Courts Act, s.41(2) – forty-five day appeal period; Application to set aside ex-parte ruling – time-bar defence; Court of Appeal authority on computation of limitation periods (Valerie McGivern).
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10 October 2024 |
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10 October 2024 |
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Appeal dismissed: tribunal’s evidence‑based findings, substituted service, non‑joinder and limitation objections all rejected.
Land law – ownership and trespass; evidence‑based findings on re‑allocation by District Commissioner; procedural fairness – suo motu issue vs. evidence‑led analysis; joinder of necessary parties and Order 1 Rule 9 CPC; substituted service by publication and validity of ex parte orders; accrual of cause of action and limitation for land claims.
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10 October 2024 |
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10 October 2024 |
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A sale agreement without statutory transfer does not confer ownership; claimant must prove title on the balance of probabilities.
Land law – Ownership and transfer – Sale agreement alone does not effectuate transfer of title; registration required for disposition of land; remedies remain contractual. Evidence – Burden of proof – Applicant claiming ownership must prove title on balance of probabilities (s.110 Evidence Act; Hemed Said principle). Documentary proof – Rent receipts/utility bills and similar documents are insufficient proof of legal title when land remains registered in another's name. Procedure – First appeal court entitled to reappraise evidence; Trial Tribunal did not decide any new issue suo motu depriving parties of hearing.
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10 October 2024 |
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Buyer’s sale agreement and receipts do not establish legal title absent completed transfer and registration; appeal dismissed.
Land law — transfer and registration — Sale agreement and receipts do not confer title without completed disposition and registration; burden of proof on claimant under s.110 Evidence Act; evaluation of evidence on balance of probabilities; no suo motu irregularity where tribunal comments on delay in transfer.
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10 October 2024 |
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Applicant's request for extension of time to appeal dismissed for failure to show good cause or account for delay.
Limitation – extension of time under Section 14(1) Law of Limitation Act – requirement to show good cause; Illegality as ground for extension – must be apparent on the face of the record and not require long argument (Lyamuya test); Sickness/age – may constitute good cause only if it prevented timely action; Duty to account for each day of delay; Application for extension dismissed where delay inordinate and unexplained.
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10 October 2024 |
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Court overruled objection that prior withdrawal without leave barred refiling, finding factual issues require trial on merits.
Civil procedure — Order XXIII Rule 1(3) CPC — effect of withdrawal without leave — preclusion from instituting fresh suit. Preliminary objection — pure point of law versus factual enquiry — when PO is inappropriate. Property law — trespass — continuing or new trespass may create a fresh cause of action. Pleadings and issues — framing issue whether plaintiffs are precluded from refiling; matters to proceed on merits.
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10 October 2024 |
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Non-joinder of the seller of disputed land renders tribunal proceedings null and void; parties may refile.
Land law – Necessary party – Seller of disputed land must be joined or produce evidence to establish sale agreement and title. Civil procedure – Non-joinder – Failure to join a necessary party renders proceedings and resulting decree ineffective and void. Revisionary jurisdiction – High Court may nullify tribunal proceedings under s.43(1)&(2) of the Land Disputes Courts Act.
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9 October 2024 |
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Non-joinder of the land seller as a necessary party rendered the Tribunal's proceedings null and void; judgment quashed.
Land law – necessary party – seller of disputed land must be joined or produced as witness to prove sale; non-joinder vitiates proceedings; High Court revisionary powers (s.43 Land Disputes Courts Act) to nullify and quash Tribunal decision.
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9 October 2024 |
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Spousal consent evidenced by a written, witnessed introduction letter satisfied s114 Land Act; mortgage and sale upheld, appeal dismissed.
Land law – Mortgage of a matrimonial home – Spousal consent requirement under section 114 Land Act – Mortgagee’s duty to verify marital status – Evidentiary effect of a written, witnessed introduction/consent letter under s114(3) – Validity of a mortgage deed executed after loan disbursement – Sale to bona fide purchaser – Assessors’ participation – Reassignment of trial magistrate.
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9 October 2024 |
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Court granted 14-day extension to file appeal, excusing prior counsel’s lapse where applicants acted promptly.
Land law – Extension of time – condonation under s.41(1)&(2) Land Disputes Courts Act – sufficient cause – change of counsel and prior counsel’s negligence – illegality of tribunal decision as argued ground – Kambona Charles principle on counsel’s negligence.
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9 October 2024 |
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8 October 2024 |
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8 October 2024 |
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Applicant granted extension to appeal after Registrar's failure to supply decision; time to obtain copy excluded.
Extension of time – discretion under s.14(1) Law of Limitation Act – good cause required. Limitation computation – s.19(2) LLA excludes day of judgment and time for obtaining copy. Land Registration Act s.102(1)&(3) – three‑month appeal period and mandatory attachment of decision. Failure of Registrar to supply decision may justify enlargement of time.
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8 October 2024 |
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Alleged irregularities were not apparent on the record; no good cause shown for extension of time; application dismissed with costs.
Extension of time; Land Disputes Courts Act s.41(2); requirement of ‘good cause’; Lyamuya test—illegality must be apparent on face of record; jurisdiction; joinder of Registrar of Titles; preliminary objection and counterclaim; locus standi.
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8 October 2024 |
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Bank lawfully set off mortgage-protection and postponement costs; injunction expired and auction complied with procedures.
Mortgage law – right of bank to set off sums and require insurance of mortgaged property; Nature of mortgage protection policy versus personal life insurance; Recoverability of auction postponement expenses under mortgage deed; Temporary injunction/maintenance of status quo – duration and need for extension under Order XXXVII Rule 3 CPC; Auction procedures – service of demand and 14-day notices, advertisement and certificate of sale; Appellate review of trial Tribunal's factual and documentary findings.
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7 October 2024 |
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7 October 2024 |
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Court granted interim injunction restraining transfer of disputed title pending expiration of 90‑day notice to sue.
Land law — Interim Mareva injunction — Atilio v Mbowe criteria — triable issue, irreparable harm and balance of convenience; Registrar’s rectification under Land Registration Act does not automatically oust High Court jurisdiction; pending criminal investigations do not preclude civil relief; preservation of status quo pending 90‑day notice.
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7 October 2024 |
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Bank failed to prove an existing mortgage at sale; purchaser acquired valid title and appeal dismissed with costs.
Land law – mortgage and transfer – burden of proof on alleged mortgagee to prove existing encumbrance; party bound by pleadings – cannot rely on unpleaded loan top-up; documentary evidence (sale agreement and transfer) established title; uncorroborated/informal mortgage insufficient; perpetual injunction protecting purchaser’s title sustained.
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7 October 2024 |
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Court struck out suit for lack of jurisdiction because dispute concerned execution of an existing decree.
Civil procedure – jurisdiction – where claims arise from execution of an existing decree the executing court has primacy; Section 38(1) CPC bars independent suits on execution matters; remedy is execution proceedings or application for stay of execution rather than injunctions; preliminary objection on jurisdiction may be upheld if matter is plainly within execution proceedings.
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7 October 2024 |
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4 October 2024 |
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4 October 2024 |
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Applicant granted 14 days extension to appeal; court excluded time spent prosecuting earlier proceedings and found sufficient cause.
Extension of time – exercise of judicial discretion – requirement to show sufficient cause; Computation of time – days spent prosecuting pending proceedings before the court are excluded; Diligence – prompt action after struck-out appeal justifies extension; Illegality – not found to be apparent on the face of the record in this case.
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4 October 2024 |
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4 October 2024 |
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Guarantor failed to satisfy Atilio triad; interim injunction against proposed auction denied and application dismissed with costs.
Civil procedure – Interim injunction – Applicant must satisfy Atilio v Mbowe triad: prima facie case, irreparable harm, balance of convenience. Mortgages – Right of mortgagee to sell under Land Act s.132; challenge to auction procedures requires demonstrable non-compliance, preferably after sale facts available. Auctioneers Act / Land Act – Public notice requirements alleged but unproven where auction had not yet occurred. Guarantor’s challenge – A guarantor who admits default must show procedural irregularity and irreparable harm to obtain interim relief.
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4 October 2024 |
| September 2024 |
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Review granted where application was struck out due to counsel’s misdirection and an apparent error on the record.
Civil procedure — Review under section 78(1) and Order XLII r.1(b) — Apparent error on face of record — Non-joinder objection premature where suggested party was never in original proceedings — Sanctity of court record; withdrawal by counsel v. court-raised issues — Reinstatement of struck-out application.
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30 September 2024 |
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30 September 2024 |
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A plaint by foreign-owned companies failing to plead TIC approval lacked a cause of action and was struck out.
Land law – capacity to hold land – non-citizen/foreign-shareholder companies require TIC approval for land – plaint must plead TIC approval or investment purpose; Cause of action – essential facts must be pleaded; Preliminary objection – pure point of law may be decided at PTC; Remedy – plaint failing to disclose cause of action can be struck out.
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30 September 2024 |
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Plaintiff defaulted; auction was irregular but transfer was valid and bona fide purchaser protected; remedy is damages, not set-aside.
Land law – mortgagee's power of sale; statutory notice requirements (Land Act s.127) and auction notice (Auctioneers Act s.12); protection of bona fide purchaser and effect of registration (Land Act s.135); remedy for irregular sale is damages (s.135(4)); Registrar of Titles’ 30‑day notice and transfer procedure.
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30 September 2024 |
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An application for a temporary injunction under Order XXXVII requires a pending suit and is struck out if that suit is no longer pending.
Civil procedure – Interim injunctions – Order XXXVII Rule 2(1) CPC – Requirement of a pending suit as precondition for temporary injunction – Application overtaken by events where main suit is struck out for lack of jurisdiction.
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30 September 2024 |
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A contractual challenge to the formation/terms of a sale agreement is not a land dispute; the Land Division lacks jurisdiction.
Jurisdiction – High Court (Land Division) – limited to disputes concerning interests in land (ownership, possession, use). Contract v. land dispute – disputes about formation/terms of sale agreements are contractual and do not automatically constitute land disputes. Disposition of land – sale is a mode of disposition but the sale agreement is evidence of disposition; jurisdiction arises only where interest/possession/usage is disputed. Procedural consequence – matter founded purely on contractual formation/terms may be struck out for want of Land Division jurisdiction.
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30 September 2024 |
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A preliminary objection that the trespass suit was time‑barred was dismissed; recovery of land attracts a 12‑year limitation.
Limitation of actions – recovery of land v. tort of trespass – applicable limitation period under item 22 Part I, Schedule to the Law of Limitations Act, Cap 89 R.E. 2019; preliminary objection – pure point of law apparent on face of plaint (Mukisa; Lyamuya).
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30 September 2024 |
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Temporary injunction granted pending trial after applicant showed triable issues, irreparable harm, and favourable balance of convenience.
Land law – interim injunction – Atilio v. Mbowe test (prima facie case, irreparable injury, balance of convenience) – disputed purchase agreement versus expired lease – possession and eviction pending determination of ownership.
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30 September 2024 |
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30 September 2024 |
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Consent judgment recorded: plaint amended, secured property sale authorized, guarantor exonerated, and repayment schedule imposed.
Civil procedure – Consent judgment – Settlement recorded and entered under Order VIII Rule 34 CPC following court-referred mediation. Land/security – Deposit of title as collateral – Power of sale by lender to realize part of secured debt. Amendment of plaint – Correction of mistaken claimed amount by consent. Guarantor liability – Exoneration of guarantor upon realization of sale proceeds. Enforcement – Execution of decree on default against principal debtor.
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30 September 2024 |
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Appellants' land claim dismissed for failure to show lawful acquisition and insufficient documentary evidence.
Land law – ownership disputes – weight of certificate of title – requirement to show lawful acquisition (Form N.19) – pleadings and evidence – reliance on pleaded ownership – trespass remedies.
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30 September 2024 |
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Failure to involve neighbouring occupants in boundary recovery rendered the survey unlawful and required a re-survey and striking out of the suit.
Land law – Boundary recovery and survey – Requirement to give notice and involve affected owners – Principles of natural justice – Land Survey Act safeguards; Procedural irregularity renders survey unlawful; Re-survey using GPS/RTK and independent officer ordered; Suit struck out pending lawful recovery.
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30 September 2024 |
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30 September 2024 |
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Whether a taxing officer’s failure to apportion awarded costs renders the ruling unenforceable and warrants reversal.
Taxation of costs – Apportionment of taxed costs among multiple defendants – Enforceability of court orders – Remittal to Taxing Officer for fresh determination – Requirement to state joint and several liability where applicable.
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30 September 2024 |