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Citation
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Judgment date
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| March 2025 |
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The High Court may hear land disputes without a ward-tribunal mediation certificate required for district tribunals.
Land law – Jurisdiction – Whether ward-tribunal mediation certificate (s.13(4) LDCA) is prerequisite for High Court proceedings.* Statutory interpretation – Division of jurisdiction between Ward Tribunals, District Land and Housing Tribunal, and High Court (s.13(4), s.37 LDCA).* Procedure – Preliminary objections on jurisdiction and prematurity.
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18 March 2025 |
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Appellant proved ownership on balance of probabilities; trial tribunal erred by relying on minor measurement contradictions.
Land law – ownership dispute – evaluation of evidence – standard of proof in civil cases (balance of probabilities); Relevance of minor inconsistencies in measurements; Weight of corroborated sale agreements and witness testimony; Appellate re-evaluation where trial judgment rests on irrelevant contradictions.
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18 March 2025 |
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Failure to serve the Attorney General and non‑joinder of the Registrar of Titles render the applicant's suit incompetent.
Government Proceedings Act s.6(2) – mandatory service of 90‑day notice on Attorney General; Land Registration Act – Registrar of Titles as necessary party for cancellation of registered title; non‑joinder; competence of suit; jurisdictional prerequisites; strict compliance with statutory notice requirements.
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18 March 2025 |
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Suit struck out for no cause of action against employees and non-joinder of land registration authorities.
Land law – preliminary objection – cause of action – trespass – employees acting for employer – no cause of action against employees Civil procedure – non-joinder of necessary parties – Commissioner for Lands and Registrar of Titles – registered land – decree unenforceable – suit struck out
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18 March 2025 |
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A mistaken description of a claim as liquidated does not void taxation absent prejudice; instruction fees may be awarded pre-trial based on work and value.
Taxation of costs — effect of incorrect description of claim as liquidated — prejudice required to vitiate taxation; Instruction fees — awardable based on complexity, value and work done even if matter withdrawn before full hearing; Advocates Remuneration Order 2015 — percentage guide for instruction fees (3%–7%).
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17 March 2025 |
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Application struck out because the supporting affidavit contained arguments and conclusions, violating affidavit rules.
Civil Procedure — Affidavit requirements — Order XIX Rule 3(2) — Affidavits must be confined to facts within deponent's knowledge and not contain arguments, conclusions or prayers. Preliminary objection — Incurable defect in supporting affidavit — Grounds for striking out application. Authorities considered — Ex parte Matovu and related dicta on proper contents of affidavits
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17 March 2025 |
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A beneficiary cannot sue over estate land in a land tribunal without first obtaining administration rights or resolving probate issues.
Locus standi – beneficiary vs. administrator – requirement of letters of administration to sue over deceased’s land Jurisdiction – probate matters and administration of estate must be resolved before land tribunal adjudicates estate property disputes Procedure – proper remedies are in probate/administration proceedings before raising land claims
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17 March 2025 |
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An appeal filed after 45 days is incompetent absent extension or proof of a timely written request for judgment copies.
Land law – Appeals from District Land and Housing Tribunal – time limit of 45 days under Land Disputes Courts Act; Limitation – Law of Limitation Act s.19(2) – exclusion of time spent obtaining copies of judgment only where a timely written request is proved; Procedure – necessity to apply for extension of time when appeal period has lapsed; Jurisdiction – court lacks jurisdiction to entertain time‑barred appeals absent extension.
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17 March 2025 |
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The Plaintiff's claim for land recovery from the First Defendant was dismissed as time-barred.
Land Law – Limitation of actions – Effect of lapse of offer period on land recovery claims – Procedural dismissal.
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14 March 2025 |
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Failure to join the Registrar of Titles rendered the land suit incompetent and the claim was struck out.
Land law – challenge to registered title – necessity of joinder of Registrar of Titles as a necessary party; Civil procedure – misjoinder and non-joinder of parties – effect on competence of suit; Preliminary objections – striking out for absence of necessary party.
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14 March 2025 |
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Proceedings vitiated where a party died during trial and pleadings were not amended to reflect estate representation.
Land dispute – Death of a party during proceedings – Capacity to be sued and locus standi – Amendment of pleadings after death – Formal admission of power of attorney and letters of administration – Nullity of proceedings and retrial.
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14 March 2025 |
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Copy of lost sale agreement with police loss report is admissible; respondent met civil standard; appeal dismissed with costs.
Evidence — Secondary evidence of documents: copies of lost sale agreements admissible where supported by police loss reports (Evidence Act ss.63,67); Civil standard of proof — balance of probabilities; Description of immovable property — plaint must sufficiently identify land; Relevance of raising new issues on appeal — issues not raised/tried cannot be decided without evidence; Evaluation of conflicting documentary evidence and witness credibility.
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13 March 2025 |
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13 March 2025 |
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Court set aside taxation ruling and remitted matter for re‑hearing so time‑bar objection is determined first.
Practice and procedure – taxation of costs – time limit under Order 4 Advocates Remuneration Order 2015 – preliminary objection on limitation must be decided before merits – jurisdictional defect – Law of Limitation Act (Section 19) considered.
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13 March 2025 |
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Extension of time to set aside a struck-out order was unnecessary; the applicant may refile the case.
Civil procedure – extension of time under section 14(1) Limitations Act – setting aside struck-out order versus refiling – struck-out/abortive proceedings are properly dealt with by refiling rather than setting aside. Sufficient cause – illness and appointment of counsel do not justify extension where substantive remedy is refiling
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13 March 2025 |
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12 March 2025 |
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Whether the applicant met Atilio criteria for a temporary injunction to restrain eviction pending a land dispute.
Land — Temporary injunction — Atilio v Mbowe test — Prima facie case and serious question to be tried — Irregularities in mortgage enforcement/auction (notice and valuation) — Irreparable harm from eviction — Balance of convenience — Unopposed application/admission by silence.
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12 March 2025 |
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Court granted leave for five applicants to commence a representative suit on behalf of 168 others.
Representative suit – Order 1 Rule 8, Civil Procedure Code – Requirements: numerous persons with same interest; leave of court; adequate notice; absence of prejudice or objection – Unopposed application – Costs to abide outcome of main suit.
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11 March 2025 |
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Failure to disclose cause of action and join necessary land authorities rendered the suit incompetent and struck out.
Civil procedure — plaint must disclose cause of action (Order VII r.1) — non‑joinder of necessary parties — registered land disputes require joinder of Registrar of Titles, Commissioner for Lands and Attorney General — naming incorrect/non‑existent offices — preliminary objection to be determined first.
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11 March 2025 |
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Extension to appeal ex parte judgment dismissed as abuse of process for failing to follow Regulation 11(2) procedure.
Land procedure – Extension of time to appeal (Law of Limitation Act s.14) – Ex parte judgments – Requirement under Land Dispute Court Regulations, G.N. No. 174/2003 Reg.11(2) to apply to set aside ex parte order for non-appearance before appealing – Interaction with CPC s.70(2) and Order IX Rule 9 – Abuse of court process – Proper route where both non-appearance and merits are challenged
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11 March 2025 |
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A suit challenging execution proceedings is incompetent under section 38(1) and must be heard by the executing court.
Civil Procedure – Section 38(1) CPC – Questions relating to execution, discharge or satisfaction of a decree must be determined by the executing court
Execution – Decree-holder participation and improper exercise of execution powers does not convert execution matters into a fresh separate suit
Competence – Suit challenging execution process filed in non-executing court is incompetent and subject to striking out
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10 March 2025 |
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A suit to set aside a sale in execution is time‑barred after two years unless exemption is pleaded.
Limitation law — Action to set aside sale in execution — Item 4, Part I Schedule to the Law of Limitation Act — two‑year limitation; Pleading requirement — Order VII r.6 — exemption from limitation must be pleaded; Failure to plead prior proceedings as ground for exemption; Time‑barred dismissal; Consequential non‑determination of substantive/title and jurisdictional issues.
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7 March 2025 |
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Plaintiffs allowed to withdraw and refile due to need to join Registrar of Title; no order as to costs.
Civil procedure — Withdrawal of suit — Order XXIII Rule 1 CPC — Joinder of indispensable party (Registrar of Title) — Leave to refile — Overriding objective — Costs where defendants absent.
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7 March 2025 |
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The fourth respondent, as mortgagor, is liable and must give vacant possession for sale to recover the applicant's debt.
Land law – Mortgage – Mortgagor covenant – Liability of mortgagor for borrower's default; Notice of default – sixty days statutory notice; Reliefs – vacant possession and sale to recover outstanding loan.
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7 March 2025 |
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A suit may be dismissed for want of prosecution when the plaintiff fails to appear under Order IX Rule 8 CPC.
Civil procedure – Dismissal for want of prosecution – Plaintiff’s duty to prosecute – Order IX Rule 8 Civil Procedure Code (Cap.33 R.E.2019) – Absence of parties at hearing – No orders as to costs.
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7 March 2025 |
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Injunctive application struck out for incompetence due to defective verification of the supporting affidavit; no order as to costs.
Civil procedure — Affidavits — Verification requirement — Order XIX Rule 3(1) — Defective attestation renders supporting affidavit incompetent; application struck out
Injunctions — procedural competence — costs — court discretion where applicant concedes defect
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7 March 2025 |
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Affidavit attested by unlicensed advocate and lack of co-applicant affidavit rendered the application incompetent and struck out.
Procedure – Affidavit validity – affidavit attested by advocate without current practising licence is void; Civil Procedure Code – Order XLIII Rule 2 – applications by multiple applicants require a joint affidavit or separate affidavits/authorization; preliminary objections – competence and striking out; hearsay objection left undecided.
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6 March 2025 |
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Technical delay from wrongly filed appeal constituted sufficient cause; court granted extension to refile appeal.
Land law – Extension of time – Whether sufficient cause shown under s.102 LRA for enlargement of time – Technical delay caused by filing in wrong appeal category – Prompt action after corrected order – Authority: Fortunatus Masha v William Shija.
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5 March 2025 |
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4 March 2025 |
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Applicant who attended court but whose advocate was absent showed sufficient cause to set aside dismissal for want of prosecution.
Civil Procedure – setting aside dismissal for want of prosecution – sufficiency of cause is fact-dependent; wrong citation of enabling provision not fatal; right to fair hearing includes representation; dismissal set aside where applicant present but advocate absent and co‑plaintiff disavowed suit.
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3 March 2025 |
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An appeal filed after the 45-day statutory period under section 41(2) is time-barred and dismissed.
Civil procedure – Appeals – Time limit for appeals from District Land and Housing Tribunal – Section 41(2) Land Disputes Courts Act (Cap. 216 R.E. 2019) – Appeal filed after 45 days is time-barred and incompetent
Concession – Effect of appellant's counsel conceding a preliminary objection on competency and final disposal of appeal
Costs – Each party to bear own costs where appeal is dismissed as time-barred
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3 March 2025 |
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A land suit filed without necessary parties (Registrar of Titles and Attorney General) is incompetent and struck out with costs.
Land law – registered land – necessity to join Registrar of Titles and Attorney General as necessary parties; procedural competence – suit must be properly constituted at filing; amendment – adding necessary parties after filing and repeated amendments; remedy – striking out for failure to join necessary parties.
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3 March 2025 |
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Whether post-2021 lease breaches (no prior notice, unpaid 5% for new sub-tenants, unpaid taxes) merited damages and relief.
Land law – lease of telecommunications site – subletting clause – requirement of prior notice – scope of rent-increase clause (new v pre-existing sub-tenants) – limitation of actions under Law of Limitation Act – proof of withholding tax and stamp duty payments; remedies: damages, production of tax receipts, costs, interest.
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3 March 2025 |