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Citation
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Judgment date
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| October 2025 |
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Applicant failed to prove credible medical cause or account for each day of a 22-month delay; extension of time denied.
Civil procedure – Extension of time – Condonation – Applicant must demonstrate sufficient cause and account for each day of delay; medical evidence of continuous incapacity must be credible and authenticated. Documentary evidence – Authenticity – Erased/altered dates and lack of signatures/stamps undermine reliance on medical documents to excuse delay.
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29 October 2025 |
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A co-defendant cannot unilaterally amend a joint written statement of defence; application struck out for lack of locus.
Civil procedure – amendment of pleadings – Joint written statement of defence – Locus to amend – A co-defendant cannot unilaterally amend a joint WSD; joinder of co-defendants or a separate suit required. Conflict of interest of advocate – raised but matter decided on competency (locus).
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28 October 2025 |
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Consent judgment ordering sale of mortgaged land with specified proceeds allocation, reserve price, and mutual release of claims.
Land law – mortgage and secured transactions; consent judgment recording settlement; sale of mortgaged property by secured creditor’s agent; allocation of sale proceeds with cap and ratio; agreed reserve price; settlement extinguishing all related claims; each party bears own costs.
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28 October 2025 |
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Res judicata inapplicable where earlier ward tribunal judgment lacks sufficient description to identify the same land; appeal dismissed.
Land law — res judicata — identity of subject matter — earlier tribunal’s judgment must sufficiently identify the land (location, boundaries, measurements) for res judicata to apply; evidential sufficiency in land ownership claims; jurisdictional and procedural objections to appeals from DLHT; ex‑parte judgment setting‑aside procedural requirements.
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27 October 2025 |
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The High Court held the applicant's suit was not time‑barred and had jurisdiction to hear declaratory reliefs against the respondent.
• Civil procedure — Preliminary objections — pure point of law versus mixed questions of fact and law (Mukisa Biscuit).
• Limitation — ministerial extension of time — applicability to representative capacity requires document and factual scrutiny.
• Jurisdiction — pecuniary limits vs declaratory reliefs — High Court’s power to determine capacity and validity of contracts transcends monetary thresholds.
• Costs — in the cause.
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27 October 2025 |
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Res judicata barred the applicant’s claim because a corporate name change did not create a new legal entity.
Civil procedure – res judicata – application where earlier suit concerned same subject matter and party in substance or privy (s.9 Civil Procedure Code). Company law – change of name – mere change of corporate name does not affect legal personality or rights and obligations (s.30(4) Companies Act). Distinction between name change and institutional succession; substitution in court unnecessary for mere rebranding.
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27 October 2025 |
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Electronic filing within time is valid; minor typographical errors are correctable; relief in favour of a non‑party struck out.
Civil procedure – preliminary objections – timeliness of appeal under Land Disputes Courts Act and Electronic Filing Rules; Pleadings v instruments – memorandum of appeal not requiring drawer’s name under Advocates Act; Typographical errors – correctable under overriding objective (Sections 3A & 3B CPC amendments); Jurisdiction and relief – court will not grant relief in favour of non‑party; defective portion struck out.
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27 October 2025 |
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Applicant’s admitted loan default and absence of irreparable harm defeat Mareva injunction; application dismissed with costs.
Mareva-type injunction; interim relief requirements under Atilio v Mbowe — prima facie case; irreparable injury; balance of convenience; borrower default and clean hands; lawful mortgage enforcement and public interest
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27 October 2025 |
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Appellant’s trespass claim dismissed for failure to prove title and boundaries; appeal timely; costs awarded to respondent.
Land law – trespass – burden of proof and necessity of proving size and precise boundaries; documentary evidence and locus in quo measurements; limitation – exclusion of time awaiting copy under section 19(2) Law of Limitation Act; costs – discretion to depart from rule that costs follow the event, appellate review limited to perversity or wrong principle.
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27 October 2025 |
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An appeal filed beyond the 45‑day statutory period without express leave is incompetent and must be dismissed.
Land law – appeals from District Land and Housing Tribunal – statutory 45‑day limitation under s.44(2) LDA – effect of filing out of time – Law of Limitation Act s.3(1) – competence of procedural withdrawal-and-refile orders to extend limitation – Electronic Filing Rules (2018) – filing date and requirement to seek ex parte Registrar relief for technical e‑filing failures – necessity to attach ruling/drawn order to prove leave to refile.
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27 October 2025 |
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Alleged defective auction notice and risk of losing the matrimonial home justified a temporary injunction pending trial.
Civil procedure – Interim injunction – Order XXXVII Rule 1(a) CPC – three‑part test: prima facie case, irreparable harm, balance of convenience; Auctioneers Act s.17(1) – requirements as to particulars of auction sale; sale of matrimonial home – potential irreparable injury; procedural irregularity in recovery by mortgagee.
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27 October 2025 |
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Court recorded and adopted parties' deed of settlement as consent decree, making it binding and effective from lodging date.
* Civil procedure – Consent judgment – Recording and adopting a deed of settlement under Order XXIII rule 3 of the Civil Procedure Code. Land law – Settlement terms providing for transfer of land, substitution by motor vehicle, and allocation of transfer costs. Enforcement – Settlement recorded as court decree is binding on parties and successors; necessary state officers to facilitate transfers
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27 October 2025 |
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Insufficient proof of ownership and suing an improper party defeated the land claim; appeal dismissed with costs.
Land law — ownership claim — burden of proof under Evidence Act — inadequacy of documentary exhibit lacking description of location/extent; Civil procedure — improper party — Order I Rule 10(2) CPC — suing wrong party; Procedure — locus in quo visits discretionary, not mandatory; Credibility — assessment of witnesses and weight of evidence.
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24 October 2025 |
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A caveator’s affidavit words determine whether they must be sued personally or as an estate administrator.
Land law – Caveat – capacity of caveator: personal capacity v. administrator; procedural law – preliminary objection on proper party; evidence – import of caveat affidavit language; Land Registration Act s.78(4).
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23 October 2025 |
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Extension of time granted where delay resulted from tribunal’s late supply of judgment and decree.
Land law — Extension of time to appeal — Delay due to late supply of tribunal’s judgment and decree — Accounting for days and Lyamuya test — Time to obtain copies may justify extension.
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23 October 2025 |
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Trial Tribunal properly credited a sale agreement over an ambiguous gift deed; appeal dismissed with costs.
Land dispute — ownership — weight of evidence: sale agreement and witness testimony vs. ambiguous deed of gift; absence of payment receipts; assessor opinion and procedural compliance under Land Disputes Courts Act.
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23 October 2025 |
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A plaint must sufficiently describe immovable property; failure renders the suit incompetent and any decree inexecutable.
Civil Procedure – Order VII Rule 3 – requirement to describe immovable property sufficiently to identify it; failure renders suit incompetent and decree inexecutable. Locus in quo – visiting the site is discretionary, not mandatory; only in exceptional circumstances. Executability of decree – decree must issue from competent suit with identifiable property description.
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23 October 2025 |
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Failure to notify a party of the date of delivery of an ex-parte judgment is a fatal irregularity justifying setting it aside.
Civil procedure – ex-parte judgment – mandatory requirement to notify absent party of date of delivery – failure to notify renders judgment irregular/nullity. District Land and Housing Tribunal – review of records (including Ward Tribunal records) when assessing compliance with service/notice requirements. Appeal – new grounds not pleaded cannot be entertained; appellate scope may be limited to pleaded issues.
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23 October 2025 |
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Applicant granted leave to institute representative suit for alleged trespass after court found statutory conditions satisfied.
Civil procedure — Representative suit (Order I Rule 8(1)) — Requirements: numerous persons, common interest, leave of court — Notice by publication — Leave granted to sue as representative.
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23 October 2025 |
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Court granted leave to institute a representative land suit after finding numerous persons with a common interest.
Civil Procedure — Representative suit — Order 1 Rule 8(1) — requirements: numerous persons, common interest, court permission — notice by publication.
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23 October 2025 |
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Registered ownership shown by a certificate of title confers locus standi and rebuts competing user claims absent proof of fraud.
Land law – Registered title as prima facie proof of ownership; locus standi to sue; plea-binding effect of pleadings; necessary parties — Commissioner for Lands; proof of fraud/illegality in registration; adverse inference for failure to call material witness.
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22 October 2025 |
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Guardian’s mortgage of a minor’s land for her own business was void; consequent sale and transfer were null and ownership restored.
Land law – guardianship – minor’s property – guardian’s capacity to mortgage – guardian may bind minor only for necessities or in minor’s best interest; mortgage for guardian’s business void ab initio. Conveyancing – mortgage, auction sale and transfer – nullity where underlying mortgage is void. Bona fide purchaser – purchaser’s duty of due diligence; purchase under guardianship is notice to purchaser. Reliefs – declaration of ownership, revocation of title, nullification of mortgage and sale, vacant possession, damages and costs.
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22 October 2025 |
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Revision was rightly used to cure conflicting Ward Tribunal judgments; appeal dismissed and tribunal decision upheld.
Land law — Revision vs appeal — Conflicting Ward Tribunal judgments over same land — Tribunal’s revisional jurisdiction under s.36 Land Disputes Courts Act; res judicata; time-bar; admissibility of facts.
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22 October 2025 |
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A tribunal's proceedings infected by substantive confusion and incorrect citations may be quashed by revisional powers.
Land law – rectification of award – execution of decrees – interest computation query and attachment of immovable property. Civil procedure – clerical error versus substantive irregularity – effect of wrong citations and misjoinder on Tribunal proceedings. Jurisdiction – functus officio and Tribunal’s competence to entertain rectification during execution. High Court revisional powers – quashing of Tribunal proceedings and orders where records show substantial confusion or infirmity.
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22 October 2025 |
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An improperly conducted locus in quo vitiates the tribunal’s proceedings, requiring a re‑visit and fresh judgment.
Locus in quo – procedural requirements – witnesses to give sworn evidence at the visit – right to cross‑examination – duty to record observations and prepare sketch plan where necessary. Failure to comply with locus in quo procedures vitiates tribunal proceedings, assessors’ opinions and judgment. Timeliness of appeal – appeal filed within prescribed time.
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22 October 2025 |
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Alleged illegality (absence of assessors) can justify an extension of time to file a notice of appeal.
Civil procedure – extension of time – discretionary remedy – Lyamuya factors (length of delay, reasons, prejudice, illegality). Illegality – lack of participation of assessors in Tribunal proceedings – may render proceedings null and justify extension of time. Procedural lapse – failure to serve record and memorandum leading to withdrawal of appeal – remedied by leave to re‑file notice.
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22 October 2025 |
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Court dismissed defendants' preliminary objections on notice and Land Registration Act grounds, finding factual issues and no written Registrar decision.
• Civil procedure – preliminary objection – must raise a pure point of law apparent on the face of pleadings; factual disputes unsuitable for preliminary objection. • Government Proceedings Act s.6(2) and Local Government (Urban Authorities) Act s.110 – 90-days statutory notice requirement; service and content of notice are facts to be proved. • Land Registration Act ss.101–102 – right to appeal under s.102(1)(a) arises only where a written decision of the Registrar under s.101 is communicated to the aggrieved party. • Doctrine of functus officio – prior withdrawal/decision on service of notice relevant to subsequent objections.
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22 October 2025 |
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Functus officio inapplicable to dismissed objection proceedings; unpleaded inheritance and unreliable witness testimony justified dismissal of appeal.
Land law – ownership disputes – functus officio inapplicable to dismissed objection/execution proceedings; pleadings bind parties — unpleaded inheritance not admissible to establish title; assessment of witness credibility — invader’s testimony unreliable; documentary evidence – inconsistencies and jurisdictional defects justify cautious evaluation.
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22 October 2025 |
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Extension granted where delay caused by clerical omission and applicant acted promptly to rectify it.
Civil procedure — Extension of time — Good cause — Lyamuya test — Clerical omission in judgment — Withdrawal of appeal and prompt steps to rectify — Delay reasonably accounted for.
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21 October 2025 |
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Tribunal ownership finding upheld; unstamped sale agreement must be perfected by paying stamp duty within 21 days.
Land law – sufficiency of property description in tribunal applications under GN 174/2003; applicability of Order VII R.3 CPC. Civil procedure – service and notice for ex-parte judgment; natural justice and fair hearing. Evidence/stamp duty – admissibility and remedy for unstamped sale agreements; requirement to perfect instrument under Stamp Duty Act s.47(1). Procedure – locus in quo visits discretionary and required only where boundaries/location are disputed.
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21 October 2025 |
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Affidavit improperly sworn was expunged; execution valid as appellate rulings deprived applicant of lawful ownership, pending review not an automatic stay.
Land law – execution of decrees – whether decree is executable where appellate courts declared respondent not lawful owner; affidavit formalities – verification and swearing by deponent; effect of pending review on execution – stay required to restrain execution.
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21 October 2025 |
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Where a cause of action arises after a decedent's death, limitation runs from the first anniversary or accrual date under section 24(1).
Limitation of actions — computation where cause of action arises after death — application of section 24(1), Law of Limitation Act Cap 89 R.E 2023 — Trial Tribunal erred by applying section 9(1) and relying on unpleaded facts.
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21 October 2025 |
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A land court lacks jurisdiction to adjudicate disputes that effectively challenge letters of administration; probate court exclusive forum.
Jurisdiction — scope between Land Division and Probate & Administration Court; whether a land claim that challenges letters of administration is within probate jurisdiction. Probate law — challenges to grant of letters of administration and acts done under such grant must be raised in probate court. Fraud allegations — do not automatically oust exclusive probate jurisdiction; must be tested in probate proceedings. Civil procedure — issues raised: non-joinder of legal personal representative, locus standi, omnibus pleadings, and verification under Order VI Rule 15(2).
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21 October 2025 |
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Appeal dismissed: counterclaim sufficiently proved and appellant failed to prove repayment; tribunal's reasons adequate.
Land/secured lending – mortgage default – enforcement and endorsement of sale of mortgaged property Civil procedure – counterclaim – requirement that counterclaims be pleaded and proved; evidential weight of admitted exhibits Evidence – burden of proof on claimant to prove repayment; documents annexed but not tendered have no evidential value Judgment writing – requirements for statement of case, points for determination, decision and reasons
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21 October 2025 |
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Non-joinder of state land authorities in disputes over registered land renders the suit incompetent and it was struck out.
Land law – Registered/surveyed land – mandatory joinder of Registrar of Titles, Commissioner for Lands and Director of Mapping and Surveys where registration is in issue. Civil procedure – Non-joinder of necessary parties renders suit incompetent and prevents effective decree. Government Proceedings Act – statutory notice/service requirements (ninety days) when impleading Registrar of Titles or state land authorities. Amendment vs striking out – court may require proper procedure for impleading public officers rather than permit informal cure absent statutory compliance.
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21 October 2025 |
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Reassignment and striking out without adequate reasons violated fair hearing; court quashed post-reassignment proceedings.
Land law – tribunal reassignment; fair hearing and natural justice – requirement to give and record reasons for transfer; BRN backlog sessions – cannot displace fair trial safeguards; competence objections and striking out – amendment and rehearing preferred to dismissal where substantial evidence led; revisional jurisdiction – quashing post-reassignment proceedings.
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21 October 2025 |
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Appellate court upheld tribunal: contracts held voluntary, coercion claims unproven; appeal dismissed.
Land law – ownership dispute – transfer in partial satisfaction of debt – admissibility and weight of written agreements. Contract law – alleged coercion and undue influence – requirement of contemporaneous evidence and prompt challenge. Civil procedure – assessors' opinions – tribunal may depart from assessors with reasons. Evidence – adverse inference for failure to call material witness (Hemedi Saidi principle). Limitation – distinction between criminal exclusion and civil requirement to promptly challenge impugned contracts.
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20 October 2025 |
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Tribunal’s failure to frame issues and reconcile conflicting title documents required quashing and retrial.
Land law – title dispute – conflicting documentary evidence – reliance on Certificate of Occupancy – jurisdiction and proper framing of issues – non-joinder of necessary parties (Registrar of Titles, vendor) – anomalies in documentary records – remittal for retrial.
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20 October 2025 |
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A mortgagor may institute a summary suit under Order XXXV to seek redemption or discharge of a mortgage.
Civil Procedure — Order XXXV Rule 1(c) — suits arising out of mortgages — categories: payment, delivery of possession, redemption, retransfer/discharge. Mortgage law — capacity to sue — mortgagee-only for payment/possession claims; mortgagor may sue under summary procedure for redemption/discharge. Preliminary objection — pure point of law assessed from the plaint; must dispose of matter if meritorious.
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20 October 2025 |
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A consent judgment cannot be challenged by revision; applicants failed to show lack of consent or authority.
Civil procedure – Consent judgment – Jurisdiction to entertain revision – Consent decree equivalent to judgment after full hearing and not open to revision or appeal; remedy is fresh suit where fraud, misrepresentation or lack of authority is alleged – Right to be heard – Representation and ostensible authority.
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20 October 2025 |
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Ex parte judgment set aside where respondent failed to prove service, protecting the applicant’s constitutional right to be heard.
Civil procedure – setting aside ex parte judgment – proof of service required (affidavit, registry endorsement, diary entry). Constitutional right to be heard – Article 13(6)(a) – outweighs procedural non-compliance where service not proved. Order VIII Rule 23 CPC – scheduling orders binding but departure allowed in interest of justice.
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20 October 2025 |
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An advocate who did not appear in earlier proceedings cannot competently swear to what transpired in those proceedings.
Civil procedure – Affidavits – Order XIX Rule 3(1) – Affidavits must be confined to facts within deponent’s personal knowledge; an advocate who did not appear in earlier proceedings cannot competently depone to those proceedings. Civil procedure – Preliminary objection – Competence of affidavit is a pure point of law and may dispose of the matter. Overriding Objective – Fundamental defects in affidavits are not cured by the Overriding Objective.
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20 October 2025 |
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Whether the respondent could enforce a settlement deed by execution before the agreed deadline and appealability of execution orders.
* Land law – enforcement of settlement deeds – execution upon default under a settlement deed adopted as Tribunal order. Civil procedure – appealability – execution orders of the District Land and Housing Tribunal are appealable to the High Court (Regulation 24 GN No.174/2003). Contract law – sanctity of settlement agreements – courts may enforce agreed terms where default occurs. Procedural fairness – premature execution challenge rejected where deed permits enforcement and default had occurred. Abuse of process – recurrent baseless applications may justify dismissal and costs
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20 October 2025 |
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Court granted a 14-day extension to file a taxation reference, finding sufficient cause and treating misdescription as non-fatal.
Civil procedure – Extension/enlargement of time – misdescription of statutory provision not fatal where substance clear – overriding objective applies. Extension of time – equitable discretionary remedy – sufficient cause required (Lyamuya test). Procedural withdrawal with leave to refile and prompt action can constitute sufficient cause; court will not decide merits at extension stage. Costs – each party to bear own costs where extension granted.
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20 October 2025 |
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Applicant failed to show prima facie case, irreparable harm or favorable balance for injunction after lawful mortgage sale.
Civil procedure — Temporary injunction — Atilio v Mbowe test: prima facie case, irreparable injury, balance of convenience. Mortgage law — Sale by mortgagee — mode of sale (tender vs public auction) permitted under Land Act and mortgage deed. Evidence — Valuation must be verified by Chief Government Valuer; post‑sale caveat cannot invalidate prior sale. Equity — Commercial loss from contractual rights typically compensable by damages; injunction denied where title has vested.
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20 October 2025 |
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An appeal filed after 45 days under the Land Disputes Act is incompetent without leave to extend time.
Limitation of actions – Land Disputes Act s.44(2) – forty-five day time limit for appeals from District Land and Housing Tribunal; Law of Limitation Act s.19(2) – exclusion of time to obtain judgment copy when computing limitation; proviso to s.44(2) – requirement for leave/extension; Law of Limitation Act s.3(1),(2)(b) – mandatory dismissal of time-barred proceedings; Civil Procedure Code s.95 – re-filing after strike-out does not cure statutory limitation.
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20 October 2025 |
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Court found instruction fee misallocated under wrong schedule; re-tax under Eleventh Schedule; attendance fees and Order 48 penalty limited.
Advocates Remuneration Order – Taxation review – error in principle where wrong schedule applied; liquidated sum vs incidental monetary claim. Civil procedure – taxation – proper schedule for instruction fees in land disputes (Eleventh Schedule Item 1(k)). Appearance – holding brief constitutes legitimate attendance for taxation purposes. Order 48 ARO – penal consequence applies to costs of taxation only, not entire taxed bill.
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20 October 2025 |
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Failure to describe disputed land with sufficient particulars renders ownership claims and decrees unenforceable.
Land description requirements — necessity of measurements, survey map or coordinates; burden of proof in land ownership (s.110 Evidence Act); Rule 3(2)(b) GN No.174/2003 and Order VII r.3 CPC; nemo dat quod non habet and priority of title; unenforceability of decrees lacking specific identification of immovable property
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20 October 2025 |
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Court dismissed applicant's challenge to taxation, finding costs properly awarded against the surviving party.
Advocates Remuneration Order (Order 7) – taxation of costs – variation or setting aside of taxation orders. Civil procedure – effect of death/incapacity on parties – taxing costs against the surviving party. Costs – principles of taxation – excessiveness and arbitrariness – requirement to show error or impropriety. Delay and procedural laches – afterthought applications and failure to raise timely objections.
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20 October 2025 |
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Heir with letters of administration prevails over purchaser from a vendor without title; eviction of a non-possessor set aside.
Land law – acquisition and root of title; nemo dat quod non habet; admissibility of hearsay (s.62 Evidence Act); possession as prerequisite to eviction; appellate re-evaluation and assessors’ divergence (s.24 Land Disputes Courts Act).
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20 October 2025 |