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Citation
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Judgment date
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| July 2025 |
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Deed of gift without Commissioner approval and spouse consent is inoperative; property remains owned by the deceased.
Land law – right of occupancy – dispositions require Commissioner approval; unapproved dispositions are inoperative (Land Act ss.37(5), 61(1))
Evidence – exhibits admitted without objection prove their contents; genuineness of signatures and probative weight assessed. Land registration – only certified memorials signed and sealed by the Registrar are proof of subsisting memorials (Land Registration Act ss.97–98). Matrimonial property – spouse consent required for disposition of matrimonial home and transferee must inquire about consent (Land Act s.161(3)(b) read with Law of Marriage Act)
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24 July 2025 |
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Suit dismissed for want of prosecution after parties repeatedly failed to appear to record settlement.
Civil procedure – Dismissal for want of prosecution – Repeated adjournments for recording settlement – Failure to appear on fixed date – Order IX Rule 2 Civil Procedure Code (Cap.33 R.E.2019).
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24 July 2025 |
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Tribunal must visit disputed land to resolve conflicts in evidence about its location before ruling.
Land law – Site visit necessity – Conflicting evidence about land location – Tribunal's discretion to visit.
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24 July 2025 |
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The application was struck out as incompetent due to the expiration of the 90 days' notice, with no costs ordered.
Civil procedure - Application competency - Expired 90 days' notice rendering application incompetent - No costs ordered
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24 July 2025 |
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A suit concerning execution-related matters was struck out for want of jurisdiction under section 38 of the Civil Procedure Code.
Civil procedure – execution of decrees – exclusive jurisdiction of the executing court under section 38 CPC – competency of separate suits relating to execution – joinder of parties not in execution proceedings.
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23 July 2025 |
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Failure to serve the 90‑day statutory notice under the Government Proceedings Act renders the suit incompetent and struck out.
Government Proceedings Act s.6(2) – mandatory requirement of 90‑day notice of intention to sue the Government
Jurisdiction/competence – failure to comply with statutory notice renders suit incompetent
Procedure – preliminary objection by written submissions; ex parte ruling where plaintiff fails to reply
Remedy – striking out of suit for non‑compliance with statutory pre‑action notice requirement
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23 July 2025 |
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A reference challenging a Bill of Costs struck out for procedural defects is incompetent and the proper remedy is refiling in compliance.
Civil procedure – Taxation of costs – Bill of Costs – Non-compliance with mandatory procedural requirements under Advocate Remuneration Order – Reference applications from striking out on procedural grounds – Proper remedy for procedural defects.
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23 July 2025 |
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Appeal against Tribunal's refusal for extension of time dismissed as academic; decision already executed.
Land Dispute Appeal – Extension of Time – Tribunal Procedure – Execution of Tribunal Decisions – Illegality as Cause for Extension
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23 July 2025 |
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Appeal dismissed due to mootness; Tribunal's decision was executed, making extension futile.
Land Law - Extension of Time - Mootness - Jurisdiction - Execution of Tribunal Decisions
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23 July 2025 |
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Appellant wrongly sued as land owner; case quashed for suing incorrect party without standing.
Land law - Proper party to be sued - Standing in legal proceedings - Transfer of land ownership following death.
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23 July 2025 |
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Court grants temporary injunction to preserve property status pending resolution of ownership disputes.
Land Law – Temporary injunction – Prima facie case – Irreparable harm – Balance of convenience
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23 July 2025 |
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The tribunal's judgment on admission was quashed; the case was remanded for retrial due to procedural errors.
Land law – Written Statement of Defence – Evasive denial – Judgment on admission – Right to be heard – Reapplication of procedural rules.
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23 July 2025 |
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The suit was struck out due to the non-joinder of necessary co-owners and parties affecting proper adjudication.
Civil procedure – non-joinder of necessary parties – misjoinder – right to be heard – co-ownership of property.
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23 July 2025 |
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The court reversed a tribunal's decision striking out a suit for lack of jurisdiction without a hearing.
Land Law – Jurisdiction – Right to be heard – Tribunal's lack of jurisdiction over land – Procedure for striking out applications.
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23 July 2025 |
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The court dismissed claims challenging a land title due to prior judicial affirmations and time-bar constraints.
Land Law – land ownership – validity of title – previous compensation agreements – time-barred claims.
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23 July 2025 |
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The Tribunal's discretion and reason for not awarding costs were upheld, dismissing the Appellant's appeal.
Land Law - Costs - Tribunal's discretionary power in awarding costs - Provision of reasons for cost decisions.
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23 July 2025 |
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Applicant's lack of standing as land purchase occurred after tribunal's decision, leading to dismissal of revision application.
Land law – Revision application – Legal standing of purchaser post tribunal order – Precedence of tribunal decisions over later transactions.
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22 July 2025 |
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The appeal was dismissed due to the appellant's failure to prove ownership of the disputed property.
Land Law - Disputed ownership claims - burden of proof on the claimant - removal of deceased parties from proceedings.
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22 July 2025 |
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Improper issue framing in tribunal disrupted fair hearing, leading to order for retrial.
Land Law – Lease and Administration – Proper framing of issues – Procedural irregularity in tribunal proceedings leading to nullification of judgment.
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22 July 2025 |
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The suit was dismissed as res judicata due to a previous withdrawal without leave to re-file.
Land Law - Suit barred by res judicata - Withdrawal without leave to re-file under Order XXIII Rule 1 CPC - Misjoinder of party.
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22 July 2025 |
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Procedural land dispute amendments do not apply retrospectively; ownership validly passed to the appellants through lawful sales.
Land law – Jurisdiction – Application of procedural amendments to pending matters – Ownership of land – Evaluation of documentary and expert evidence – Sale of land and succession – Retrospective application of law.
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22 July 2025 |
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The court dismissed the suit due to non-joinder of crucial land registration officials as necessary parties.
Land Law - Ownership Claim - Non-joinder of necessary parties - Role of Commissioner for Lands and Registrar of Titles
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22 July 2025 |
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Court grants temporary injunction to prevent demolition of applicant's residence pending land dispute resolution.
Land Law – Temporary injunction – Prima facie case of illegal land disposition – Irreparable harm to applicant – Balance of convenience.
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22 July 2025 |
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Land ownership through allotment to a minor is void, necessitating reversal of tribunal's decision affirming ownership.
Land Law – ownership disputes – determination of lawful ownership where land allocated to a minor deemed void under contract law – tribunal's jurisdiction over claims pending probate court decisions.
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22 July 2025 |
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Application for extension of time to file an appeal denied due to the applicant's awareness of the judgment date.
Land law – Application for extension of time – Judgment delivery knowledge – Requirement to file timely appeals.
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22 July 2025 |
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Court grants temporary injunction to halt respondent activities on disputed land pending suit resolution.
Land Law - Temporary injunction - Criteria for granting injunction in property disputes - Prima facie case, irreparable harm, and balance of convenience.
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21 July 2025 |
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Striking out suit due to non-joinder of necessary parties in land registration dispute.
Civil procedure – Counterclaims – Cause of action – Joinder of necessary parties – Land registration.
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21 July 2025 |
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Court ruled plaintiff's suit unmaintainable, abusive and res judicata, striking it out with costs.
Civil Procedure – Execution of decrees – Abuse of court process – Res judicata – Enforcement of consent decree
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21 July 2025 |
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A court must strike out a joint counter affidavit when there is no express authorization for the deponent.
Affidavit law - necessity for individual respondent counter affidavits - implications of lack of explicit authorization in affidavits.
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21 July 2025 |
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The High Court found procedural irregularities in land dispute handling, quashing the original decision for retrial.
Land Law - Description of land in legal proceedings - Procedural requirements for identification of disputed property. Procedural fairness - Right to fair hearing - Absence of necessary parties. Tribunal procedure - Compliance with assessor opinion regulations
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21 July 2025 |
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The court overruled preliminary objections on res judicata and non-joinder, allowing the land dispute case to proceed.
Land Law – Res Judicata – Non-joinder of parties – Encroachment dispute – Res judicata applicability in land claims.
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21 July 2025 |
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Application for temporary injunction dismissed; applicant failed to establish serious issue, irreparable harm, and balance of convenience.
Temporary injunction – Application requirements for serious issue, irreparable harm, and balance of convenience not satisfied.
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21 July 2025 |
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Suit struck out due to non-joinder of Registrar of Titles and lack of required notice for government suits.
Land law – Non-joinder of necessary party – Requirement for notice before instituting suits against the government.
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21 July 2025 |
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Plaintiff lacked locus standi due to failure in proving administrative authority over the deceased's estate.
Civil Procedure – preliminary objections – standing to sue – failure to attach letters of administration – statutory notice – service compliance.
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21 July 2025 |
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Court upheld Tribunal's jurisdiction and dismissal of appeal on land ownership post-public auction.
Land ownership – Public auction irregularity – Tribunal jurisdiction – Evaluation of evidence – Application of assessors' opinions.
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21 July 2025 |
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Preliminary objection based on res judicata and functus officio overruled for lack of pure point of law.
Civil procedure - preliminary objection - res judicata - functus officio - interlocutory applications - preservation of status quo
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21 July 2025 |
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Appeal dismissed; counterclaim struck for non-compliance with statutory format, challenging 'mutatis mutandis' interpretation.
Land Law - Appeal against non-compliance with procedural requirements - Interpretation of counterclaim formatting - Legal interpretation of 'mutatis mutandis.'
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18 July 2025 |
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Court cannot grant a temporary injunction against judicial enforcement of a decree.
Civil Procedure - temporary injunction - misapplication against judicial process - Tribunal decree enforcement
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18 July 2025 |
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Application for a temporary injunction dismissed due to applicant's failure to prosecute the matter.
Land law - Temporary injunctions - Dismissal for want of prosecution - Applicant failed to attend proceedings
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18 July 2025 |
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Ex-parte judgment issued against a deceased is set aside for reopening with a legal representative for fair hearing.
Land Law – Appeal proceedings – Irregularity of ex-parte judgment against a deceased – Requirement for fair hearing
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18 July 2025 |
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Failure to join necessary parties in a Tribunal proceeding nullifies the decision due to a breach of the right to be heard.
Land law – Revision of Tribunal's decision – Non-joinder of parties – Right to be heard – Quashing of Tribunal's order.
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18 July 2025 |
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Administrator of an estate permitted to join a pending land appeal as a necessary party to defend interests.
Land Law – joinder of parties – necessary parties to land appeals – rights of estate administrators in pending appeals.
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17 July 2025 |
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The Tribunal erred procedurally, leading to a substantial miscarriage of justice and denial of right to fair trial.
Civil Procedure – Right to fair trial – Legal representation – Procedural irregularities in Tribunal proceedings – Non-joinder of parties.
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17 July 2025 |
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Court affirmed the necessity of party joinder in disputes, dismissing review and preserving future injunctive relief.
Civil procedure – necessity of parties – non-joinder – review application – temporary injunction implications
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17 July 2025 |
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Land Tribunal lacked jurisdiction for matrimonial considerations, decision upheld absent sufficient ownership proof.
Land law – Ownership dispute – Misapplication of matrimonial considerations in land tribunal – Evidence assessment and jurisdictional overreach.
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17 July 2025 |
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Application to substitute a defendant’s name struck out for prematurely impleading a legal representative without court leave.
Land procedure – Rectification of records – Substitution/impleading of legal representative – Requirement to use name as on original record and to obtain leave before impleading – Premature impleading renders application incompetent and liable to be struck out.
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17 July 2025 |
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Court extends time for appeal due to applicant's justified delay caused by nursing sick mother.
Extension of time – appeal – sufficiency of reason for delay – obligation to nurse a sick mother – procedural irregularities in tribunal judgment
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17 July 2025 |
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Interlocutory order extending time to set aside ex-parte judgment not appealable as it does not determine parties' rights.
Interlocutory orders – non-appealable orders – whether extension of time to set aside ex-parte judgment is appealable.
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17 July 2025 |
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The court extended time for filing a land appeal, finding the initial delay excusable under filing grace period.
Land Law – Appeal filing time – Extension – Rejection by Deputy Registrar – Proof of submission delay
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17 July 2025 |
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The Tribunal lacked clarity in execution decree due to insufficient land description and alleged new reliefs.
Land Law – Execution of Decrees – Jurisdiction of the Tribunal – Description of Suit Land – New Reliefs in Execution Application
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17 July 2025 |