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Citation
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Judgment date
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| November 2025 |
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Trial tribunal's failure to decide framed ownership and relief issues and misrecorded assessors' opinions rendered its judgment void; matter remitted.
Land law – sale agreement and part payment – ownership dispute; Civil procedure – non-determination of framed issues; Assessors – proper recording and consideration of opinions; Appellate remedy – quashing and remitting under s.47(1) Land Disputes Courts Act.
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24 November 2025 |
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A trial tribunal’s failure to decide framed issues and to consider assessors’ opinions renders its judgment null and warrants remittal.
Land dispute — Sale agreement and partial payment — Trial tribunal’s failure to determine framed issues — Judgment rendered a nullity — Assessors’ opinions inconsistently recorded and not fully considered — Appellate court’s power under s.47(1) LDCA to quash and remit.
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24 November 2025 |
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Plaintiff’s land and contractual claims were time‑barred; cause of action accrued in 2012 and suit dismissed.
Limitation of actions – accrual of cause of action – contractual v. land recovery claims – six‑year and twelve‑year limitation periods – effect of negotiations and possession on limitation – preliminary objection as pure point of law.
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24 November 2025 |
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Court ordered removal of caveats after applicant proved proprietary interest and caveator failed to appear.
Land law – Caveats – Removal of caveat by court order – Proof of proprietary interest – Registrar of Titles’ compliance with court orders – Ex parte determination where caveator fails to appear.
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24 November 2025 |
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A pending preliminary objection attacking competence requires striking out the suit, not permitting voluntary withdrawal.
Civil procedure — Preliminary objection — Competence of suit — Where objection goes to root of jurisdiction, suit should be struck out not withdrawn; costs: no order where matter early and consensual.
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21 November 2025 |
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A land tribunal lacked jurisdiction because the dispute arose from breach of a sale agreement, not a land matter.
* Jurisdiction – Distinguishing land matters from contractual disputes – Whether breach of a sale agreement falls within jurisdiction of land tribunals. Civil procedure – suo motu consideration of jurisdiction by the court. Contract law – remedies for non‑performance and proper forum for enforcement of contractual obligations
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21 November 2025 |
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Administrator’s appointment did not restore expired limitation; suit for land recovery was time‑barred.
Limitation of actions – accrual of cause of action for land recovery; impact of appointment of administrator on limitation computation (Law of Limitation Act ss.25(1) & 25(2)); pleadings bind parties; preliminary objection on limitation can be dispositive.
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20 November 2025 |
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20 November 2025 |
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Appeal dismissed: tribunal correctly found buyer made efforts to pay balance; seller avoided payment and tribunal properly recorded and departed from assessors' opinions.
Contract — Sale of land — down payment and balance due — whether buyer breached by failing to pay — evidential burden on balance of probabilities
Evidence — oral testimony of calls/visits — admissibility and weight; limitations of hearsay objection
Procedure — Tribunal judgments may be summary; requirement to inspect proceedings for detailed testimony
Assessors — recording of assessors’ opinions and lawful departure by Chairperson with reasons
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20 November 2025 |
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Extension of time granted to file review where clerical errors rendered the appellate decree inherently inexecutable.
Extension of time – sufficient cause – accounting for delay – effect of discovery during execution proceedings; Civil procedure – clerical/accidental errors in trial judgment – correction by Tribunal; Inherent illegality/inexecutable decree – ground to review appellate judgment; Execution proceedings – striking out for incapacity supports relief.
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20 November 2025 |
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High Court quashed DLHT ruling tainted by material errors and remitted the file for a fresh, proper ruling; no costs.
Land Disputes Courts Act s47 – Revisional powers of High Court over DLHT – Material errors and contradictions in DLHT ruling – Quashing flawed ruling and remitting for fresh proper ruling – No costs where errors originate from tribunal.
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19 November 2025 |
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Extension of time to appeal denied for lack of apparent illegality and failure to account for inordinate delay.
Land law – extension of time to appeal; whether apparent illegality on face of record justifies extension; Ward Tribunal referral and certificate of failure to mediate; distinction between land dispute (possession/vacant possession) and pure contractual claim; pecuniary jurisdiction and need for valuation evidence; effect of non‑participation (ex parte) on requirement to read admitted exhibits; requirement to account for each day of delay.
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19 November 2025 |
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Applicant failed to account for delay or show apparent illegality; extension of time to appeal was refused.
Land law – extension of time – applicant must account for delay and show apparent illegality; jurisdiction – ward tribunal referral and certificate of failure to mediate; distinction between land and contractual claims; pecuniary jurisdiction – estimated value and need for valuation report; evidentiary practice – reading of admitted documentary exhibits.
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19 November 2025 |
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Late-filed witness statements without prior leave are struck out, leading to dismissal for want of prosecution.
Civil procedure – Order XVIII Rules 2, 3 and 4 CPC – Witness statements – Mandatory timelines for filing and service – Need for prior leave to extend time – Striking out late statements – Dismissal for want of prosecution.
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19 November 2025 |
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Failure to serve the required ninety‑day notice on local authorities under Cap. 287 renders the suit incompetent and is struck out.
Local Government — Cap. 287 s.193(1) — ninety days notice of intention to sue — must be served on local government authority and copied to Attorney General and Solicitor General — non‑compliance renders suit incompetent — court suo motu point and costs.
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19 November 2025 |
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Appeal allowed where pleadings failed to describe the suit land and locus visit produced findings beyond the pleaded case.
Land law – pleadings – description of immovable property – parties bound by pleadings; locus in quo visit – must not override pleaded case; joinder of necessary parties – vendor's legal representative and agent; proceedings quashed for procedural defects.
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19 November 2025 |
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A Ward Tribunal’s amicable settlement certificate on the same land dispute bars subsequent DLHT proceedings under section 13(4).
Land law – jurisdiction of DLHT – Ward Tribunal amicable settlement certificate – res judicata; Section 13(4) Cap 216 R.E.2023 – requirement to refer land disputes to Ward Tribunal or obtain certificate of failure to settle; right to be heard – whether Ward settlement binding when one respondent not expressly named.
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19 November 2025 |
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Court allowed a one‑time 14‑day extension to file a witness statement despite applicants' delay, exercising discretion under section 103.
Civil procedure – Extension of time – Court’s discretion under section 103 to enlarge time – requirement of sufficient cause and diligence (Lyamuya principles) – prejudice to respondent from delay – availability of alternative witnesses – limited indulgence where conduct borders on contempt.
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19 November 2025 |
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Court granted temporary injunction to preserve disputed land pending resolution of sale agreement dispute.
Civil procedure – Temporary injunction – Requirements: prima facie/triable case, irreparable injury, balance of convenience (Atilio v Mbowe). Contract/sale agreement – Dispute over payment, alleged termination and validity of agreement. Preservation of status quo – Restraining disposal and development pending trial. Evidentiary conflict – Conflicting affidavits but conduct (advertisement/possession) may justify interlocutory relief
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19 November 2025 |
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Court granted temporary injunction to preserve disputed plot pending determination of triable issues under Atilio test.
Land — Temporary injunction — preservation of status quo pending trial; Atilio v Mbowe criteria — triable issues, irreparable harm, balance of convenience; part payment and development as basis for interlocutory relief; risk of nugatory suit if property disposed.
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19 November 2025 |
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Specific statutory description, pleaded fraud and lack of necessary-party requirement justified upholding Tribunal’s ownership finding.
Land law – description of immovable property – adequacy of description under GN 174 of 2003 versus Order VII r.3 CPC. Fraud in civil proceedings – requirement to plead particulars and standard of proof – when fraud is sufficiently pleaded and proved. Necessary parties – when a land authority must be impleaded in disputes over title or allegedly fraudulent registration. Validity of mortgage and auction – effect of matrimonial proceedings and subsequent registration on ownership and enforceability of security
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18 November 2025 |
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Technical striking-out of a timely revision justified extension of time; preliminary objections overruled under overriding objective.
Civil procedure — Extension of time under Limitation Act s.14(1) — Technical striking-out of a timely revision deemed good cause — Overriding objective (s.4 Cap 33) displaces minor procedural defects — Affidavit formalities and advocate-sworn affidavits not fatal where substantive justice demands.
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18 November 2025 |
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Matrimonial decree precluded valid registration, mortgage and sale; purchaser not protected where constructive notice and fraud exist.
Land law – matrimonial property – effect of primary court decree declaring a house matrimonial and given for usufruct; validity of subsequent registration, mortgage and auction; particulars and proof of fraud in land registration; non‑joinder of municipal authority; protection of purchaser at auction and constructive notice.
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18 November 2025 |
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An executing tribunal cannot nullify or vary a trial court's decree; it must execute the decree as framed.
Execution proceedings — powers of executing court — executing court bound by terms of decree; cannot go behind, vary, or re‑examine merits of trial court's judgment — nullification of trial judgment during execution unlawful — proper remedy for alleged trial errors is appeal/revision.
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18 November 2025 |
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Automatic exclusion under s.19(2) LLA does not apply to extension orders; applicant's review was time‑barred.
Limitation of actions – time for review – Law of Limitation Act s.19(2) – automatic exclusion of time applies to obtaining copy of impugned decision, not to orders extending time; Necessary documents for review – whether extension orders are mandatory attachments; Procedural options – filing with endorsement or seeking further extension; Tribunals’ rulings – regulation 20(1) requirement for brief reasons; Harmless error doctrine where procedural misstatement does not affect outcome.
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18 November 2025 |
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Preliminary objections raising factual disputes or evidential issues cannot be decided at the preliminary stage; application proceeds to merit hearing.
Civil procedure — preliminary objections — non‑joinder of necessary party — when raises factual issues and not a pure point of law; Affidavit requirements — arguments vs factual narration, verification clause in joint affidavits; Evidence — absence of supporting affidavit for referenced material is evidential issue, not preliminary legal bar.
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18 November 2025 |
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Court reduced excessive taxed instruction fees, upheld separate attendance costs, and applied the Advocates Remuneration Order scales.
Taxation of costs – instruction fees – application of the 9th Schedule to the Advocates Remuneration Order for liquidated claims (10%)
Taxation – judicial discretion – limits on departing from prescribed scales and need for reasons/particulars
Taxation – effect of premature termination (preliminary disposal) on assessed instruction fees
Costs – attendance fees may be allowed separately from instruction fees
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18 November 2025 |
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Application for temporary injunction to restrain eviction was dismissed for failure to prove prima facie case, irreparable harm, and balance of convenience.
Land law — Temporary injunctions — Requirements: prima facie case, irreparable injury, balance of convenience — Registered title as prima facie proof of ownership — Bona fide purchaser at public auction — Allegations of fraud require supporting evidence to displace title.
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17 November 2025 |
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Preliminary objections that require factual examination are improper; clerical misdescriptions are curable and the review proceeds.
Civil procedure – Review application – Preliminary objections – Must raise pure point of law capable of determination without factual inquiry (Mukisa Biscuit standard); Slip‑of‑the‑pen/overriding objective – harmless misdescription curable by endorsement; Distinction between preliminary objection and merits-based challenge.
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17 November 2025 |
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Plaintiff permitted to withdraw land suit with leave to refile; no costs awarded where withdrawal was bona fide and early.
Civil Procedure Code
Order XXIII – Withdrawal of suit – leave to refile – discretion to be exercised judicially. Timing and bona fides of withdrawal – withdrawal at pre-trial and before evidence supports allowance without costs
Costs – mere preparatory steps and expenses do not automatically justify costs absent special prejudice or tactical abuse. Land disputes – clarify nature of dispute (boundary vs trespass) before trial; encourage amicable resolution between neighbors
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17 November 2025 |
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Preliminary objections based on factual disputes dismissed; Mainland land title dispute proceeds to trial.
Land law – preliminary objections – requirement that objection raises a pure point of law; Probate v. land title dispute – factual inquiries; Jurisdiction – Mainland land falls under Land Division; Non-joinder and capacity to sue require evidence
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17 November 2025 |
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Appellant's ownership claim dismissed for procedural defects and failure to produce documentary evidence, tribunal's credibility findings upheld.
* Land law – ownership claim – requirement for proper land description (Order VII Rule 3 CPC) – procedural non-compliance may justify dismissal. Evidence – burden of proof (s.110 Law of Evidence Act) – requirement for documentary proof where transaction should be written (s.100 Evidence Act). Locus quo inspection – land in use as public pathway – assessment of witness credibility
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17 November 2025 |
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An appeal against an order in objection proceedings is incompetent because Order XXI Rule 63 bars such appeals.
* Civil Procedure — Objection proceedings — Finality and non-appealability under Order XXI Rule 63 of the Civil Procedure Code. Jurisdiction — Competence of appeal — Appeals challenging orders in objection proceedings barred. Procedural — Failure to file written submissions does not negate a jurisdictional bar to appeal
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17 November 2025 |
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Tribunal may reject visibly altered documents without expert proof and declare respondent owner absent counterclaim.
Land law — Documentary evidence — Visible alterations and alleged forgery — Necessity of expert evidence only where technical issues cannot be resolved by ordinary observation or where party requests it; Evidence — Evaluation of credibility and balance of probabilities — Primary domain of trial tribunal; Procedural relief — Declaration of ownership may follow from evaluation of pleadings and evidence even without formal counterclaim; Appellate review — Interference only for perverse findings, clear legal misdirection, or miscarriage of justice.
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17 November 2025 |
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Letters of offer without Certificate of Occupancy, proper approvals, or current searches fail to establish lawful ownership.
Land law – proof of title – letters of offer vs Certificate of Occupancy – absence of Certificate undermines claim to title. Administrative procedure – plots allocation committee approval and requisite signatories – allocations missing committee approval/signature invalidates offers
Evidence – duty to summon allocating/surveying authority and to tender current official searches when ownership/renaming/re-survey is disputed. Land rent – lapses or unexplained gaps in payment weaken claim of continuous lawful occupation
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13 November 2025 |
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Lender failed to prove full loan disbursement or auction sale; counterclaim dismissed with costs.
Banking and security law – loan facility and mortgage – lender’s duty to disburse – proof of disbursement; evidence – adequacy of auction progress report, certificate of sale and proof of payment; sale of mortgaged property – public auction adjourned versus private sale; burden of proof in contract enforcement.
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13 November 2025 |
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Non‑joinder of the vendor vitiated the tribunal’s proceedings; court set aside judgment and allowed re‑filing with limitation to be considered.
Civil procedure – Joinder of necessary parties – Order I r.10(2) CPC – Court’s duty to add necessary parties suo motu – Non‑joinder vitiates proceedings – Revision under s.43(2) Courts (Land Disputes Settlements) Act – Limitation issue to be determined on re‑filing.
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13 November 2025 |
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Plaintiff permitted to withdraw suit with leave to refile; defendants' claim for costs refused.
Civil procedure – Withdrawal of suit before judgment – Order XXIII Rule 1(1) CPC – Court’s discretion as to costs and conditions; Overriding objective and mediation – encouragement of amicable settlement; Costs – refusal where matter is at pre‑trial/embryonic stage and withdrawal in good faith.
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13 November 2025 |
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Revision application filed after 60-day limitation period dismissed as time-barred; no costs.
Land law – Revision – Limitation period for filing revision applications (60 days) – Preliminary objection of being time-barred – Requirement of prior extension of time – Citation: Zabron Mfungo v. Gabasheki Constantine Magambo
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13 November 2025 |
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Court granted extension of time to lodge appeal after finding substantiated illness amounted to sufficient cause.
Extension of time; sufficient cause; illness substantiated by medical evidence; accounting for delay and diligence (Lyamuya principles); respondent’s unsubstantiated denials; costs follow event.
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13 November 2025 |
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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)
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12 November 2025 |
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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.
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12 November 2025 |
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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.
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12 November 2025 |
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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.
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12 November 2025 |
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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
Evidence – uncontroverted affidavit evidence accepted as establishing facts. Civil procedure – preliminary objection struck out; absence of counter-affidavit weighed in applicants' favor
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12 November 2025 |
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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
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11 November 2025 |
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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.
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11 November 2025 |
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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.
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11 November 2025 |
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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.
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11 November 2025 |
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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.
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11 November 2025 |