Citation
Sort by Citation ascending
Judgment date
Sort by Judgment date ascending
November 2025
A plaint lacking specific factual particulars of encroachment fails to disclose a cause of action and may be rejected.
Land law – Pleadings – failure to disclose cause of action – Order VII Rules 1(e) & 11(a) CPC; trespass – need for factual particulars of encroachment; locus standi – legal effect of a letter of offer (not decided); non-joinder of Commissioner for Lands and seller (not considered)
12 November 2025
Interim injunction refused where prima facie ownership existed but applicants failed to show irreparable harm or balance of convenience.
Land law — Interim injunction (Mareva/Atilio) — Requirements: prima facie triable issue, irreparable harm, balance of convenience — Affidavits as primary evidence — Title registration/competing ownership claims.
12 November 2025
Unsigned electronically-filed amended plaint with unverified material paragraphs warrants striking out the suit.
Civil procedure — Pleadings — Verification under Order VI r.15 — Unverified material paragraphs cannot be relied upon — Electronic filing — Unsigned amended plaint — Curability of defects and discretion to amend — Striking out as remedy.
12 November 2025
Applicant failed to prove prima facie case, irreparable harm or balance of convenience; injunction dismissed.
Interim injunctions – requirements under Atilio test: prima facie/serious question, irreparable harm, balance of convenience; evidential sufficiency for matrimonial claim; validity of marriage and death certificates; execution sale and purchaser’s rights; abuse of court process.
12 November 2025
Extension of time granted where late receipt of revocation letters and technical delay in related proceedings constituted good cause.
Limitation Act, s.14(1) – extension of time – good cause – late receipt of notices and concurrent prosecution of related proceedings as grounds for delay
12 November 2025
High Court lacks jurisdiction to quash Court of Appeal decisions; application struck out with costs.
Jurisdiction — High Court lacks power to quash or set aside decisions of the Court of Appeal; Preliminary objection — competence of application; Failure to prosecute — non-filing of court-ordered written submissions; Affidavit verification — Order VI r 15 CPC; Incorrect support documents and wrong legal citations
11 November 2025
Court granted extension to file appeal where applicant promptly corrected mistaken filing and accounted for delay.
Civil procedure — Extension of time to file appeal — Discretionary remedy — Application of Lyamuya factors (account for each day, inordinate delay, diligence, absence of sloppiness) — Mistaken filing of revision vs appeal — Layperson’s prompt corrective action as sufficient cause.
11 November 2025
Plaintiff failed to prove ownership of municipally designated open space; suit dismissed with costs.
Land law – proof of title – burden of proof in civil cases (Evidence Act) – public open space designation – request for allocation not equivalent to grant of ownership – right of occupancy and trespass claims failed for lack of title.
11 November 2025
Court dismissed appeal: assessors’ opinions were recorded, evidence properly evaluated, and citation error curable.
Land law – ownership of unsurveyed land; assessors’ opinions – requirement to record and read in open court; evaluation of evidence – burden of proof and necessity of documentary proof for land dispositions; procedural irregularity – wrong statutory citation curable under overriding objective.
11 November 2025
Appeal struck out as constructively res subjudice to a pending land suit over the same plots; costs awarded.
Civil procedure — res subjudice — Section 10 Civil Procedure Code — appeal as a "suit" — pending land suit over same plots — risk of conflicting decisions — appeal struck out with costs.
11 November 2025
Delay and non‑manifest alleged illegalities defeated an application for extension of time to file a revision.
Extension of time – whether sufficient cause shown; Doctrine of apparent illegality – must be obvious on face of record; Land disputes – geographic description and evidentiary assessment not ordinarily apparent illegality; Non‑joinder of public authorities – necessity and prejudice must be demonstrated; Assessors’ opinions – bare allegation insufficient to vitiate proceedings.
10 November 2025
Section 102 creates an appeal against Registrar acts but does not bar High Court adjudication of ownership or fraud claims.
Land law — Section 102 Land Registration Act — scope of appeal vs. High Court original jurisdiction; preliminary objection — pure question of law vs mixed fact and law; judicial reliefs (declarations, cancellation of title, injunctions) fall within High Court jurisdiction
10 November 2025
Tribunal prematurely dismissed land claim as time‑barred without resolving possession, administrator’s locus standi, and alleged void sale.
Land law – limitation – accrual of cause of action: death vs dispossession; Sections 9, 24, 35 Law of Limitation Act. Locus standi – effect of later appointment as administrator on limitation. Validity of transactions by person acting before lawful appointment – nemo dat quod non habet / void ab initio. Civil procedure – raising limitation suo motu and right to be heard; premature summary dismissal where possession/dispossession disputed
10 November 2025
Stay of execution pending Court of Appeal review must be brought in the Court of Appeal; early withdrawal allowed without costs.
Civil procedure – Stay of execution – Application seeking stay pending Court of Appeal review ought to be lodged before the Court of Appeal – forum competence. Civil procedure – Withdrawal of proceedings – withdrawal made early and before substantive hearing – discretion on costs
7 November 2025
Court recorded voluntary settlement in taxation dispute and ordered reduced payment in lieu of further litigation.
Taxation of costs; application for extension of time; amicable settlement recorded and application withdrawn; Order XXIII Rule 1(1) CPC; Sections 3A/3B CPC; Article 107A(2)(e) Constitution; alternative dispute resolution; community reconciliation.
7 November 2025
Illegality on the face of the record—improper substituted service and no notice of ex parte judgment—warranted extension of time.
Civil procedure – extension of time – illegality apparent on the face of the record is sufficient ground to grant extension of time
6 November 2025
Plaintiff granted leave to withdraw the suit with liberty to refile and no order as to costs.
Civil procedure – Withdrawal of suit – Order XXIII Rule 1(1) and (2)(b) CPC – Leave to refile; Costs – section 30 CPC – discretion to award costs; Overriding objective – sections 3A and 3B CPC – bona fides and absence of prejudice where defendants did not appear.
6 November 2025
A deed of settlement recorded by the Ward Tribunal is executable by the DLHT; the execution application must be heard.
Land law — Execution of settlement — Deed of settlement recorded after Ward Tribunal mediation becomes an order — Executable by District Land and Housing Tribunal; Procedural law — application of Civil Procedure Code section 31 and GN 173 r.23(1) to execution; Jurisdiction — DLHT has jurisdiction to entertain execution of Ward Tribunal settlements; Mediation — non‑compliance does not mandate fresh suit or self‑execution.
5 November 2025
Appeal dismissed: auction sale upheld because statutory irregularities did not vitiate sale absent proof of fraud or collusion.
Auctioneers Act – licence requirement; lack of licence attracts fine but does not void auction. Auction advertisement – substance and notice periods; pleadings and evidence. Land Act s133 – valuation duty of mortgagee; valuation not prerequisite absent contractual term. Burden of proof – applicant must prove allegations (Evidence Act). Tax Administration – third‑party notices do not alone prove predetermination. Bona fide purchaser protection – completed transfer bars nullification; remedy is damages
5 November 2025
Alleged illegality and technical delay did not constitute sufficient cause to extend time to file a revision.
Limitation of actions – extension of time under s.14(1) Law of Limitation Act – Lyamuya guidelines – illegality as ground for extension must be apparent on the face of the record – technical delay applies only where previous incompetent matter is similar to the present one – ex parte judgment and service issues
5 November 2025