|
Citation
|
Judgment date
|
| August 2025 |
|
|
Application dismissed for want of prosecution where both parties failed to comply with filing directions; no order as to costs.
Civil procedure – Case management – Non-compliance with court-ordered filing schedule – Written submissions – Application dismissed for want of prosecution – Costs – Shared default by parties.
|
25 August 2025 |
|
Limitation period for land disputes accrues from the date of alleged invasion rather than the deceased's death in inheritance cases.
Land law – Limitation period – Accrual of cause of action – Inheritance disputes – Whether limitation runs from death or invasion – Right to be heard – Preliminary objection on limitation.
|
25 August 2025 |
|
A preliminary objection to revisional jurisdiction over a disputed consent decree fails where the parties' consent remains a factual issue.
Civil procedure – jurisdiction – consent decree – revision vs appeal – preliminary objection – whether factual disputes can be decided as preliminary points – construction of Section 70(3)/80(3) Civil Procedure Code – revisional jurisdiction not ousted unless expressly barred.
|
25 August 2025 |
|
A challenge to a taxing master's decision on a bill of costs was dismissed as the award complied with legal thresholds.
Advocates remuneration – Taxation of costs – Effect of disallowance of more than one-sixth of a bill of costs – Discretion of taxing officer in awarding instruction fees – Challenge to taxation under Order 48 of the Advocates Remuneration Order GN No. 263 of 2015.
|
25 August 2025 |
|
A counterclaim for lease breach and compensation is not a 'land matter' and falls outside the High Court Land Division's jurisdiction.
Jurisdiction – Land Division – Breach of lease – Subject-matter jurisdiction – Whether compensation claims for breach of lease fall within 'land matters' – Proper forum for contractual/compensation disputes related to leases.
|
25 August 2025 |
|
An appeal against land Tribunal findings was dismissed for lack of proof and absence of procedural irregularity or injustice.
Land law – Burden of proof in claims to disputed estate property – Authority to sell land – Procedural irregularities – Non-joinder of necessary parties – Amendment of pleadings – Orders against non-parties – Collateral attack on former judgment.
|
25 August 2025 |
|
A land recovery suit was dismissed as time-barred where the cause accrued over twelve years before filing and no statutory exemption applied.
Land law – recovery of land – limitation of actions – accrual of cause of action upon adverse possession – application of statutory exclusions for limitation – effect of prior litigation and renewal of occupancy on limitation period.
|
25 August 2025 |
|
Court adopts consent judgment upon parties' amicable settlement of a land dispute, binding parties to terms of settlement.
Land law – Sale agreement – Breach of contract – Consent judgment – Mediation and deed of settlement – Withdrawal of suit upon settlement
|
25 August 2025 |
|
Procedural errors in handling documentary evidence will not vitiate a judgment unless a failure of justice is shown.
Land Law – Appeal – Procedural irregularity in handling of documentary evidence – Failure to assign exhibit number – Section 45 Land Disputes Courts Act – Standard and burden of proof in civil proceedings – Interference with factual findings on appeal.
|
25 August 2025 |
|
A caveat must be removed where the caveator fails to show a registrable or equitable interest under the Land Registration Act.
Land law – Caveats – Procedure for removal of caveats – Burden of proof on caveator to show cause – Land Registration Act s 78(4) – Failure to demonstrate registrable or equitable interest – Abuse of caveat mechanism – Removal of caveats where interest not shown.
|
25 August 2025 |
|
Extension of time refused due to unaccounted delay and lack of apparent illegality on the face of the record.
Land law – Application for extension of time – Requirement to account for delay – Whether alleged illegality is apparent on the face of the record – Sufficiency of affidavit evidence.
|
25 August 2025 |
|
Revisional jurisdiction cannot be invoked where statutory remedies before the Tribunal have not first been exhausted.
Land law – Revision – Procedure – Dismissal for non-appearance – Requirement to exhaust remedies before District Land and Housing Tribunal under Regulation 11(2) of GN.174/2003 – Revisional powers of High Court – Incompetency of application where statutory remedies not exhausted.
|
25 August 2025 |
|
A land claim was dismissed as time-barred where prior proceedings and alleged fraud did not justify exemption from limitation.
Limitation of actions – Land claims – Computation of limitation period – Exclusion for prior proceedings – Fraud and postponement of limitation – Procedural defects – Hardship and legal limitation.
|
25 August 2025 |
|
Preliminary objection on time-bar dismissed as appeal was filed within the correct limitation period under original jurisdiction.
Land Law – Limitation of actions – Determination of limitation period for appeals from District Land and Housing Tribunal – Distinction between original and appellate jurisdiction under the Land Disputes Courts Act – Jurisdiction of Ward Tribunals in land disputes – Computation of time for filing appeals.
|
25 August 2025 |
|
Extension of time granted where applicant sufficiently accounted for delay in filing notice of appeal after appeal struck out.
Civil procedure — Extension of time — Application for extension of time to file Notice of Appeal — Requirement to account for every day of delay and establish sufficient cause — Exercise of judicial discretion under section 11(1) of the Appellate Jurisdiction Act.
|
21 August 2025 |
|
A suit for land ownership must include the registered owner as a necessary party to effectually resolve the dispute.
Civil Procedure – Cause of action – Joinder of necessary parties – Disputed land ownership – Registered owner as necessary defendant – Order VII Rule 1(e) CPC.
|
21 August 2025 |
|
Application for extension of time to challenge Taxing Master's ruling dismissed for failure to show sufficient cause or apparent illegality.
Civil procedure – Extension of time – Principles governing grant – Dilatory conduct and accountability for delay – Apparent illegality as a ground for extension – Duty of diligence by parties.
|
21 August 2025 |
|
A costs award was set aside where the Tribunal had ordered costs to follow the main suit's outcome, not immediate taxation.
Costs—Award of party-and-party costs—Interpretation of 'costs to follow the event'—Application to enforce bill of costs in contravention of court order—Quashing of erroneous taxation award—Civil Procedure Code s 30(2).
|
20 August 2025 |
|
Extension of time refused where delay was unexplained and alleged illegality was not apparent on the face of the record.
Civil Procedure – Extension of time – requirements for accounting for every day of delay – sufficiency of grounds – late knowledge and alleged illegality as grounds for extension – necessity of illegality being apparent on the face of the record – abuse of process by parallel proceedings.
|
20 August 2025 |
|
Disputed land could proceed to trial as defendants failed to prove it was subject to a prior court attachment order.
Land law – execution of judgment – attachment and sale of immovable property – propriety of filing objection proceedings versus instituting a fresh suit – proof required to establish identity of attached property as subject matter of present dispute.
|
20 August 2025 |
|
The court dismissed a revision application for lack of merit, finding no material error or procedural irregularity in the tribunal's proceedings.
Civil procedure – Land disputes – Revision – Non-joinder of parties in execution proceedings – High Court revisional powers under section 43(1)(b) – Requirement to demonstrate material error or procedural irregularity causing injustice.
|
20 August 2025 |
|
The Tribunal properly refused a stay because only the Court of Appeal may grant a stay once appellate proceedings are lodged.
Civil procedure – Stay of execution – Jurisdiction – Once proceedings are before the Court of Appeal the trial tribunal lacks jurisdiction to grant stay; only the Court of Appeal may grant stay of execution. Appeals – Effect of lodging appeal – Lodging proceedings at the Court of Appeal divests the trial court of jurisdiction over stay applications. Land disputes – Execution of tribunal orders – Execution not automatically suspended by parallel or prior applications unless appellate court grants stay.
|
20 August 2025 |
|
Appellants' land ownership claim dismissed due to lack of proof and contradicting evidence; Tribunal's procedure upheld.
Land Law – Evidence of ownership – abandonment and re-possession – credibility of oral testimony – compliance with legal procedures for assessor opinions – locus in quo visits not mandatory unless circumstances require.
|
20 August 2025 |
|
Appellate court allowed the owner's appeal, excluding unverified construction costs and finding the tenant had overstayed, overturning the tribunal order.
Land law – lease/construction agreement – commencement date and cut-off for recoverable construction costs – admissibility of unilateral cost breakdowns – role and weight of assessors’ opinions; tribunal procedure – locus in quo visits discretionary and must be supported by record; contract interpretation – verification and recording obligations; remedy for overstay/trespass.
|
19 August 2025 |
|
Court affirms lawful ownership of land based on clear evidence and dismisses appeal against damage award for trespass and crop destruction.
Land law – priority of ownership – sale agreements – proof of title – evidentiary principles – award of damages for destruction of crops – assessment of documentary evidence – appeal dismissed for lack of merit.
|
19 August 2025 |
|
A preliminary objection on locus standi can be decided from pleadings where title documents show a different name.
Land law — locus standi — preliminary objection — point of law apparent on face of record — identity of registered proprietor vs deceased — absence of deed poll or proof of name-change — dismissal with costs.
|
19 August 2025 |
|
Review application struck out as incompetent because the same issues were already decided on appeal; costs follow event.
Civil procedure — Review — Order XLII Rule 1 CPC — Review confined to clerical errors, mistakes on the face of the record, or newly discovered evidence — Incompetence where review seeks to re-open issues already decided on appeal; functus officio/section 78(1) raised but not determined.
|
19 August 2025 |
|
Review application struck out as incompetent because it sought to re-agitate issues already decided on appeal.
Civil Procedure – Review under Order XLII Rule 1 – limited to new evidence, clerical/arithmetic or apparent errors on the face of the record. Civil Procedure – Functus officio – matters already determined on appeal are not open to review by the same court. Civil Procedure – Interaction of review jurisdiction and section 78(1) of the Civil Procedure Code.
|
19 August 2025 |
|
Delay and inadequate evidence meant the Tribunal rightly found against the appellant; appeal dismissed.
Land law – Boundary/trespass dispute; evaluation of evidence and credibility; harmless error in documentary dates; weight of Tribunal site visit and sketch; effect of delay (laches) on trespass claims.
|
19 August 2025 |
|
Appeal dismissed: remote medical evidence and repeated non-appearance did not justify setting aside ex-parte execution order.
Civil procedure – Execution – Ex-parte proceedings – Setting aside ex-parte order – Adequacy of reasons for non-appearance; medical evidence must show incapacity on hearing date. Civil procedure – Fair hearing – Requirement to show sufficient cause for failure to appear; repeated non-appearance supports ex-parte proceedings. Stay of execution – Not warranted where appellant fails to demonstrate prima facie illegality or deprivation of right to be heard.
|
19 August 2025 |
|
Whether construction timing and accounted costs determine lease duration and entitlement to damages.
Contract interpretation – lease/construction agreement – commencement date and effect of commencement of trading as cut‑off for recoverable construction costs. Calculation of tenure – deducting construction costs from agreed monthly rent to determine duration. Damages – entitlement to specific and general damages where accounting for construction costs and rent is disputed. Costs – discretion to award costs and rule that unsuccessful party is not entitled to costs. Evidentiary weight of cost breakdowns and timing of expenditures.
|
19 August 2025 |
|
Leave to file a representative suit does not entitle applicants to defend or join existing proceedings in a representative capacity.
Civil Procedure – Representative action – Leave to institute versus leave to defend – Limitations on scope of representative capacity – Abuse of court process by acting outside granted leave – Order 1 Rule 8 of the Civil Procedure Code interpreted.
|
18 August 2025 |
|
|
18 August 2025 |
|
An appellant’s claim to land ownership failed due to contradictory evidence and inability to prove vendors' title or legal capacity.
Land law – ownership – burden of proof in land disputes – evidentiary contradictions in land sale agreements – capacity and title of vendors – procedures on evidentiary documents – curable errors under the principle of overriding objective.
|
18 August 2025 |
|
Appeal dismissed for failure to establish lawful ownership over disputed property in the absence of sufficient evidence.
Land law – Disputed ownership – Burden of proof – Evaluation of evidence – Reliance on oral over documentary evidence – Appeal dismissed for failure to prove lawful ownership.
|
18 August 2025 |
|
A temporary injunction was denied for lack of proof of imminent threat and failure to meet the conditions established by law.
Land law – Temporary injunctions – Proof of irreparable harm – Need for documentary evidence of imminent threat – Requirements for grant of injunction under Atilio v. Mbowe – Dismissal where cumulative conditions not met.
|
15 August 2025 |
|
Instruction fees in costs taxation can be further reduced where the underlying case is withdrawn at a preliminary stage.
Costs – Taxation – One-sixth rule – Excessive instruction fee – Powers of taxing officer – Advocates Remuneration Order, 2015 – Inclusion of unrelated matters in bill of costs – Court’s power to alter award.
|
15 August 2025 |
|
The court set aside a tribunal ruling for failure to accord the appellant the right to be heard before dismissal.
Land law – Appeals – Limitation period – Exclusion of time for obtaining certified copy of ruling – Right to be heard (natural justice) – Allegations of bias – Restoration of application following technical dismissal – Proper procedure for striking out applications.
|
15 August 2025 |
|
Application for revision found premature and struck out; remedy after striking out for incompetence is to refile, not revise.
Civil Procedure – Application for revision – Section 89(1) Civil Procedure Code – Striking out for incompetence – Proper remedy to refile – No jurisdictional or procedural error shown – Abuse of process.
|
15 August 2025 |
|
Denial of natural justice and lack of tribunal records justify extension of time to challenge a land decision.
Land Law – Extension of time – Failure to serve summons – Denial of right to be heard – District Tribunal’s duty to call for lower tribunal records – Illegality as ground for extension – Procedural fairness.
|
15 August 2025 |
|
A land tribunal lacked jurisdiction over contractual debt enforcement, and its decision against a deceased person was tainted by illegality and bias.
Land law – Jurisdiction – Whether District Land and Housing Tribunal can hear contractual loan disputes where land is used as collateral – Illegality as sufficient ground for extension of time – Judgment entered against a deceased person – Evaluation of evidence; fair hearing and bias – Duty to recuse arising from appearance of bias.
|
14 August 2025 |
|
Court quashes Tribunal's ruling for lack of jurisdiction, procedural irregularities, and conflict of interest, granting extension to set aside judgment.
Land law – Jurisdiction – Debt recovery secured by land – Illegality as ground for extension of time – Judgment against deceased – Procedural fairness and bias – Right to be heard.
|
14 August 2025 |
|
|
14 August 2025 |
|
Suit struck out for non-joinder of necessary parties, preventing issuance of an effective and executable decree.
Civil procedure — Non-joinder of necessary parties — Duty of court to add parties where absence prevents effective and executable decree — Road reserve claim by public authority — Striking out for incompetence.
|
14 August 2025 |
|
An application for extension of time to file a notice of appeal was dismissed due to failure to account for delay and lack of apparent illegality.
Civil Procedure – Extension of time – Application for extension of time to file notice of appeal – Sufficient cause – Illegality as ground for extension – Overriding objective – Non-fatal procedural defects – Requirement to account for each day of delay.
|
14 August 2025 |
|
A temporary injunction was refused as the applicant failed to show irreparable harm or that damages would be inadequate pending arbitration.
Land law – application for temporary injunction – lease dispute pending arbitration – cumulative requirements for injunction – adequacy of damages as remedy – Attilio v Mbowe principles considered.
|
13 August 2025 |
|
An application relying on an affidavit containing legal arguments and extraneous matter is incompetent and must be struck out.
Civil Procedure – Affidavits – Order XIX Rule 3 CPC – Inclusion of extraneous matter in affidavits – Effect of non-severable defects – Competence of applications dependent on defective affidavits.
|
13 August 2025 |
|
Extension of time granted due to technical delay and alleged illegality in the appealed decision, permitting a fresh Notice of Appeal.
Appellate procedure – extension of time – technical delay – sufficient cause for extension of time – illegality as an independent ground for extension of time – diligent prosecution of appeal – late filing of reminder letter – computation and accounting for delay.
|
13 August 2025 |
|
Application for extension of time based on alleged illegality in cost proceedings dismissed for lack of apparent illegality.
Civil procedure – Extension of time – Sufficient cause – Illegality as ground for extension – Requirement that illegality be apparent on the face of the record – Parties to bill of costs proceedings.
|
13 August 2025 |
|
A tribunal's failure to determine the core issue of land ownership invalidates its decision and necessitates a full retrial.
Land law – appellate review – failure by the lower tribunal to determine core issue of ownership – retrial ordered – importance of determining all framed issues
|
13 August 2025 |