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Citation
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Judgment date
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| September 2025 |
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Tribunal rightly refused to set aside ex parte judgment as appellants failed to show good cause or denial of hearing.
Land law – ex parte judgment – setting aside – requirement to show good cause; Civil Procedure – Order XX Rule 1 CPC – notice of date of pronouncement; Constitutional law – right to be heard (Article 13(6)(a)) – negligence of counsel not ordinarily excusing failure to appear; Judicial discretion – interference only for misdirection or omission.
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12 September 2025 |
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Court refused injunction against sale of mortgaged residential property, finding no irreparable harm proved.
Civil Procedure – Temporary injunction – Atilio test (serious triable issue, irreparable harm, balance of convenience); Mortgage enforcement – sale of mortgaged property; Sufficiency of affidavit evidence to establish irreparable loss; Requirement that injunction conditions be satisfied cumulatively.
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11 September 2025 |
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The applicant's application was struck out as incompetent because parties named differed from the tribunal record.
Civil procedure – Preliminary objection – Incompetence for inconsistent party names – Parties in appellate/review proceedings must reflect parties in the lower tribunal record. Civil procedure – Alteration of court records – Names of parties cannot be changed so as to alter nature of proceedings. Civil procedure – Discretion under section 105 CPC – Court declined to exercise discretion to cure procedural defect
Remedy – Striking out incompetent application; no order as to costs
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11 September 2025 |
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A pending appeal against an interlocutory order does not deprive the High Court of jurisdiction or automatically stay proceedings.
Civil Procedure – Preliminary objection – Jurisdiction of High Court when notice of appeal is pending – Distinction between interlocutory and final orders – Preliminary objection must raise pure point of law – Need for factual ascertainment disqualifies preliminary objection.
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11 September 2025 |
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A consent judgment altering property ownership was set aside for failure to join a co-owner and other necessary parties.
Land law – right to be heard – natural justice – joinder of necessary parties – nullification of consent judgment and decree where an interested co-owner was not joined – District Land and Housing Tribunal procedures.
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11 September 2025 |
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Appeal allowed where tribunal failed to scrutinise respondent's sale agreement and improperly evaluated and weighed evidence.
Documentary evidence — authenticity and probative value of a sale agreement; Evidence — evaluation and weighing of oral and documentary evidence; Hearsay — inadmissible/low probative weight when uncorroborated; Witness credibility — kinship to a party does not automatically discredit testimony; Civil procedure — insufficient description of land under Order VII Rule 3 CPC; Appellate review — re-evaluation of evidence and remittal for retrial.
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11 September 2025 |
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A review application cannot be used as an appeal to challenge the court’s failure to consider submissions; review is narrowly confined to specific grounds.
Civil Procedure — Review under Order XLII — form of review (memorandum of review) and interplay with Order XLIII (chamber summons rule). Scope of review — limited to new evidence or errors apparent on the face of the record; review not a substitute for appeal. Procedural irregularity claimed (failure to consider submissions) amounts to an appellate complaint, not reviewable error
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10 September 2025 |
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The court upheld the tribunal's decision declaring the third respondent owner of land due to long occupation and limitation laws.
Land law – Estate administration – Unsurveyed land – Proof of ownership – Admissibility of oral evidence – Limitation period in estate recovery – Adverse possession – Validity of property transfer by gift inter vivos.
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10 September 2025 |
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A plaint amended beyond the court's permitted scope was struck out for introducing new facts without leave of the court.
Civil Procedure – Amendment of pleadings – Scope of leave to amend – Introduction of new facts without leave – Consequences of exceeding court order.
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10 September 2025 |
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A non-juristic entity may enforce an order for costs previously granted, and the Taxing Officer must assess such costs.
Civil Procedure – Legal capacity – Non-juristic entity – Costs – Effect of costs awarded to non-juristic party – Enforcement of cost orders – Role of Taxing Officer – Consistency of party names in subsequent proceedings
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10 September 2025 |
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Application for revision of costs order struck out as incompetent, with no costs awarded due to concession and procedural fairness.
Civil procedure – Land application – Costs – Incompetent application – Appropriateness of revision instead of appeal – Award of costs where matter struck out upon concession of incompetency – Court’s discretion on costs in procedural withdrawals.
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9 September 2025 |
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High Court struck out land suit as constructively res subjudice to pending tribunal case, awarding costs.
Civil procedure – Res subjudice – Section 8 Civil Procedure Code – multiplicity of suits; constructive res subjudice where parties vary; preliminary objection as pure point of law; land dispute overlapping High Court and District Land and Housing Tribunal; striking out with costs.
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9 September 2025 |
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Dismissal of a land case for want of prosecution reversed due to proven illness of appellant's advocate and denial of fair trial.
Land law – right to be heard – right to legal representation – dismissal for want of prosecution – restoration of dismissed suit – sufficiency of illness as a ground for non-attendance.
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9 September 2025 |
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Certificate on point of law must be drawn from the High Court’s impugned decision; unrelated ward‑tribunal issues cannot be certified.
Land law – Appeals – Certification on point of law under section 51(2) of the Land Disputes Courts Act – Certificate must relate to points of law arising from the High Court’s impugned decision; issues originating from the ward tribunal or unrelated to the High Court judgment cannot be certified.
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9 September 2025 |
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The court upheld a Taxing Officer’s costs award, ruling that receipts are not strictly required in taxation for unrepresented parties.
Taxation of costs – Reference from Taxing Officer’s decision – Requirement for production of receipts in unrepresented party’s bill of costs – Court’s power to interfere with exercise of taxing officer’s discretion.
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9 September 2025 |
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Joinder of the Registrar of Titles is not mandatory in every registered land dispute; necessity depends on the specific relief sought.
Civil Procedure – parties to suit – necessary and proper parties – land disputes involving registered land – joinder of Registrar of Titles – circumstances warranting joinder – when the Registrar of Titles is not necessary.
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8 September 2025 |
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Court restored appeal dismissed for want of prosecution, finding counsel’s bereavement justified setting aside the dismissal.
Civil procedure — Restoration of appeal dismissed for want of prosecution; discretionary remedy; factors: convincing explanation, absence of laches, promptness, and merits; bereavement of counsel as sufficient cause.
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8 September 2025 |
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A prior purchaser's easement rights outweighed subsequent claims, justifying demolition of structures on lawfully owned land.
Land Law – Ownership dispute – Competing claims from successive purchasers – Principle of priority in acquisition – Easement rights – Lawful demolition of structures on land by rightful owner – Requirement to prove lawful ownership in trespass claims.
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8 September 2025 |
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A party claiming an interest in disputed land was successfully joined as a defendant to ensure complete and final adjudication.
Civil Procedure – Joinder of parties – Order I Rule 10(2) of the CPC – Legal interest in suit land – Necessity for complete adjudication – Avoidance of future litigation.
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4 September 2025 |
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Application filed under wrong statute allowed to be withdrawn with leave to refile; costs ordered to lie where they fall.
Civil procedure – Withdrawal of application – Order XXIII Rule 1(1) CPC – Leave to withdraw and liberty to refile; Costs – Section 30 CPC – costs lie where they fall where withdrawal is early and sought in good faith; Procedural error – wrong statutory provision identified at outset
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4 September 2025 |
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Extension of time granted to enable challenge of alleged double adjudication over the same land due to apparent illegality.
Land law – Extension of time – Illegality on the face of the record as sufficient cause – Finality of litigation – Jurisdiction of tribunals – Revisional jurisdiction under section 38(1) Land Disputes Courts Act.
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4 September 2025 |
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4 September 2025 |
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Court records parties' deed of settlement and enters consent judgment discharging specified collateral and allocating auction proceeds.
Land law – mortgage dispute – allegation of forged mortgage; Civil procedure – settlement by deed – recording and enforcement under Order XXIII Rule 3; Enforcement – auction of bank collaterals, waiver of penalties, unconditional discharge of specified securities; Consent judgment – court to record and pass decree in accordance with settlement.
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4 September 2025 |
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Failure to file mandatory witness statements as ordered results in dismissal of suit for want of prosecution.
Civil procedure – Evidence – Witness statements – Mandatory filing and service after pre-trial conference order – Discretion to extend time – Dismissal for want of prosecution for non-compliance – Overriding objective principle and its limitations in context of mandatory procedural rules.
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3 September 2025 |
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Failure to join all parties in Ward Tribunal mediation renders subsequent District Land and Housing Tribunal proceedings and judgment a nullity.
Land Law – Procedure – Prerequisite of Ward Tribunal mediation involving all parties before instituting disputes at District Land and Housing Tribunal – Non-compliance renders proceedings a nullity – Section 13(4) Land Disputes Courts Act.
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3 September 2025 |
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A court upheld the requirement for explicit written consent in land sales, dismissing claims of implied consent and procedural irregularity.
Land law – Assessors’ opinions – Compliance with procedural requirements under the Land Disputes Courts Act – Implied versus express consent in disposition of land – Burden of proof in land sale disputes – Documentary evidence versus oral evidence in establishing consent and ownership.
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3 September 2025 |
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A Mareva injunction application was struck out as the expiry of the statutory notice period rendered it moot.
Civil procedure – Mareva injunction – application for injunctive relief overtaken by expiration of 90 days' statutory notice – effect of lapse of time on injunctive applications against government entities.
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2 September 2025 |
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A claimant who is not party to a sale agreement lacks legal standing to sue for land ownership based on that agreement.
Land law – locus standi – sale agreement – documentary evidence versus oral evidence – proof of ownership – legal capacity to sue on behalf of a minor – appeal dismissed for failure to establish claim.
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2 September 2025 |
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Court grants interim order maintaining status quo over property pending statutory notice expiry, as parties do not oppose injunction.
Land law – interlocutory injunctions – conditions for Mareva injunctions – maintenance of status quo – statutory notice to sue government – consensus among litigants obviating inquiry into injunctive conditions.
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2 September 2025 |