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Citation
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Judgment date
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| 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 |
| August 2025 |
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A land dispute was amicably resolved by a consent judgment incorporating a deed of settlement and withdrawal of the suit.
Land law – settlement – consent judgment – contract for sale of land – deed of settlement – transfer of ownership – withdrawal of suit – Civil Procedure Code Order XXIII rule 3
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29 August 2025 |
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Preliminary objections requiring factual inquiry or curable by amendment may not justify striking out a land ownership suit at the outset.
Civil litigation – preliminary objections – functus officio – res judicata – misjoinder or non-joinder of parties – curable defects – joint ownership – survivorship – need for factual inquiry in preliminary objections – land law – administration of estates – proper approach to capacity and party status in suits involving deceased co-owners.
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29 August 2025 |
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A preliminary objection challenging a land suit as time barred was overruled since it raised mixed questions of law and fact.
Civil procedure – preliminary objection – time bar – whether determination of accrual of cause of action is a point of law – Law of Limitation Act – requirement for pure point of law in preliminary objection.
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29 August 2025 |
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Extension of time granted where applicant diligently accounted for delay due to late receipt of ruling copy.
Civil Procedure – Application for extension of time – Sufficient cause – Delay in obtaining copy of ruling – Diligence and promptness required – Application of principles from Lyamuya Construction Co Ltd v YWCA of Tanzania.
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29 August 2025 |
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Dismissal of application to set aside ex parte proceedings overturned for failure to consider material evidence and for excessive technicality.
Land law – Appeal – computation of limitation period – exclusion of time for obtaining certified copies – setting aside ex parte orders – duty of Tribunal to consider all material evidence – substantive justice versus procedural technicalities – requirement for reasoned decisions.
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29 August 2025 |
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Administrative delays by the court justify extension of time for filing Bill of Costs if the applicant acts promptly and diligently.
Civil procedure – Extension of time – Sufficient cause – Administrative court delay – Necessity for promptness and diligence – Defective affidavit allegations.
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29 August 2025 |
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The court allowed withdrawal and refiling of an appeal due to failure to serve notice on the Registrar as required by statute.
Land law – appeals – procedural compliance – requirement to serve notice of appeal on Registrar – effect of omission – withdrawal and refiling of appeal granted.
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29 August 2025 |
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Suit dismissed because earlier appellate declaration of the first defendant's ownership precludes relitigation despite prior purchase by the plaintiff.
Land law – double sale – conflict between earlier purchaser and later purchaser; res judicata / functus officio – prior appellate declaration of ownership precludes relitigation; appropriate remedy is to challenge the earlier judgment through proper process.
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29 August 2025 |
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An application supported by unsigned, unverified, unattested affidavit is incurably defective and struck out.
Procedure – Affidavit formalities – jurat, signature, verification and attestation are mandatory; absence renders affidavit incurably defective. Civil procedure – competency – an application supported by an incurably defective affidavit is incompetent and liable to be struck out. Court powers – court may raise procedural defects sua sponte and strike out proceedings for incurable defects. Costs – where court raises the defect suo motu, it may decline to make an order as to costs.
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29 August 2025 |
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An unsigned, unverified, un‑attested affidavit in a revision application is incurably defective and is struck out.
Procedure — Revision application — Competence of chamber summons and affidavit — Absence of signature, verification and attestation (jurat) — Section 10 Oaths and Statutory Declarations Act — Affidavit incurably defective — Application struck out — Issue raised suo motu — No order as to costs.
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29 August 2025 |
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An administrator’s revocation of letters of administration removes locus standi, rendering estate-related suits incompetent and liable to be struck out.
Probate and Administration — Locus standi — Revocation of letters of administration — Section 71 Probate and Administration of Estates Act — Suit instituted by administrator rendered incompetent upon revocation — Dispositive preliminary objection — No need to decide separate jurisdictional objection under Land Registration Act.
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29 August 2025 |
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A temporary injunction to restrain eviction or restore possession cannot countermand a concluded sale under a subsisting court decree.
Civil procedure – temporary injunctions – tests for grant – mortgage, foreclosure and sale – effect of subsisting decree and transfer of possession – availability of damages as adequate remedy – courts' inability to issue injunctions countermanding unvaried final decrees.
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29 August 2025 |
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An appeal against an execution order detaining the appellant as a civil prisoner is not appealable and was struck out with costs.
Land law – Appeals from District Land and Housing Tribunal – Execution orders – Civil Procedure Code s.84 and Order XL limit appealable execution orders – Land Disputes Courts Act s.55 and GN 174/2023 – competency of appeal – detention as civil prisoner.
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28 August 2025 |
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An inter vivos gift of property was upheld over administrators' claims, with damages awarded for interfering with transfer of title.
Land law – Ownership of property – Validity of inter vivos gift – Elements of a valid property gift – Administrators' powers – Interference with title transfer – Damages for obstruction of property transfer – Permanent injunction.
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28 August 2025 |
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A suit becomes incompetent and is struck out where the plaintiff's letters of administration are revoked during proceedings.
Civil procedure – locus standi – effect of revocation of letters of administration – striking out proceedings – distinction between revocation and death of a party – stay of proceedings pending appeal not justified where suit has become incompetent.
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27 August 2025 |
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A land tribunal's award was partially overturned for exceeding the relief pleaded and failing to join affected parties.
Land law—Ownership—Remedies confined to pleaded and proved claims—Validity of sale agreements and requirement for Village Council approval—Right to be heard and non-joinder of necessary parties—Bona fide purchaser principle—Adequacy of land description in pleadings.
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27 August 2025 |
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A third party cannot mix objection to execution and an injunction application in a single proceeding under the Civil Procedure Code.
Civil Procedure – Execution – Objection proceedings by third parties – Temporary injunction – Improperly combining distinct remedies – Procedural competence – Civil Procedure Code; Order XXI, Order XXXVII
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27 August 2025 |
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Plaintiff failed to prove adjacent structures excluded from mortgage; fixtures included and suit dismissed with costs.
Mortgage law – scope of mortgage includes fixtures and improvements; fixtures defined; auction of mortgaged property; burden of proof in civil cases; evidentiary weight of locus-in-quo/site visit.
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27 August 2025 |
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Plaintiff failed to prove demolished structures lay outside the mortgaged parcel; suit dismissed with costs.
Land law — Mortgage — Interpretation of mortgage deed clause including "all fixtures, buildings and other improvements" — Fixtures and improvements (wells, water tanks, fences) held part of mortgaged property — Auction and sale lawful — Locus in quo inspection corroborating title boundaries — Burden of proof in civil cases — Suit dismissed for failure to prove claim.
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27 August 2025 |
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An application challenging a taxation officer's disallowance of excessive costs was dismissed, upholding proper exercise of discretion.
Taxation of costs – Disallowed costs exceeding one-sixth threshold – Application of Order 48 of the Advocates' Remuneration Order, 2015 – Judicial discretion of taxing officer – Interference with taxing officer's award – Reasonableness of costs awarded.
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27 August 2025 |
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Appellate court quashed tribunal decision for ignoring sale agreements, applying priority to earlier witnessed purchase.
Land law – evidence – documentary versus oral evidence – Section 107(1) Evidence Act; priority principle in competing land claims; probative value of sale agreements and attestation; appellate re-assessment of evidence.
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27 August 2025 |
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Failure to state when the cause of action arose warranted striking out the counterclaim for non-compliance with Order VII Rule 1(e).
Civil Procedure Code (Order VII Rule 1(e)) – mandatory disclosure of when cause of action arose; Counterclaim – failure to state time of accrual renders plaint incompetent and subject to strike-out; Preliminary objection – procedural remedy; Limitation point raised but not decided.
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26 August 2025 |
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Court dismisses request for a temporary injunction over disputed land, finding no irreparable harm shown and no balance of convenience.
Land law – Temporary injunctions – Requirements for interim relief – Prima facie case – Irreparable harm – Balance of convenience – Ownership disputes.
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26 August 2025 |
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Appellate court upholds dismissal of land claim, finding no procedural or substantive errors in trial tribunal's ownership determination.
Land law – Joinder of necessary parties – Misjoinder and non-joinder – Locus standi – Evaluation of evidence in land disputes – Sufficiency of documentary evidence – Res judicata – Effect of case withdrawal for want of jurisdiction – Discretion to visit locus in quo.
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26 August 2025 |
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Certificate of title prevails; non-joinder and res judicata objections dismissed; appeal against lawful ownership of land dismissed with costs.
Land law – ownership – certificate of title as proof of ownership – joinder of necessary parties – effect of failure to join seller – withdrawal of suit for lack of jurisdiction – res judicata – evaluation of evidence – discretion to visit locus in quo.
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26 August 2025 |
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Failure to fulfill conditions in a letter of offer defeats a claim of land ownership against a municipal authority's lawful reallocation.
Land law – Letters of offer – Compliance with conditions precedent – Right of occupancy – Public land reallocation – Requirement for development and rent payment to perfect title – Lawfulness of reallocation by municipal authority upon grantee's default.
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26 August 2025 |
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Failure to properly serve summons constitutes sufficient cause to set aside an ex-parte order and extend time for application.
Civil Procedure – Extension of time – Application to set aside ex-parte order – Service of summons – Substituted service – Illegality as sufficient cause – Proper procedures under Order V of the Civil Procedure Code – Court's discretionary power to set aside ex-parte orders where fair hearing denied.
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26 August 2025 |
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Grant of Mareva injunction restraining activities on disputed land pending statutory notice expiry and main suit filing.
Land law – Mareva injunction – principles for grant – prima facie case – irreparable harm – balance of convenience – ex parte hearing – non-contestation by respondents – restraining order pending main suit.
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25 August 2025 |