|
Citation
|
Judgment date
|
| February 2026 |
|
|
Voluntary withdrawal terminates the suit; court cannot extend time to refile a proceeding that has ceased to exist.
Civil procedure — Voluntary withdrawal of suit — Effect of withdrawal: substantive termination — Leave to refile is self-executing — No jurisdiction to extend time for a ceased cause — Relief lies in instituting a fresh suit.
|
27 February 2026 |
|
Silence in the plaint about compliance with mandatory pre-action ADR under Section 13 renders the suit incompetent and liable to be struck out.
Civil Procedure Code, s.13 – pre-action bona fide steps/ADR – mandatory jurisdictional precondition; preliminary objection – Mukisa test; failure to plead compliance – striking out as incompetent.
|
27 February 2026 |
|
The High Court lacks jurisdiction to extend time for filing a Notice of Appeal to the Court of Appeal; such applications belong to the Court of Appeal.
Civil procedure — Extension of time to lodge Notice of Appeal — Court of Appeal Rules (Rule 10) — Law of Limitation Act s.14 — High Court lacks jurisdiction — High Court’s administrative role in Notices of Appeal — Jurisdiction not conferred by consent or overriding objective.
|
27 February 2026 |
|
Application to re-admit appeal dismissed because court was functus officio after prior final dismissal for want of prosecution.
Civil procedure — functus officio — readmission of appeal dismissed for want of prosecution — prior show‑cause opportunity — preliminary objection to be decided first.
|
26 February 2026 |
|
Whether time spent in an earlier withdrawn application can be excluded under section 21 LLA to save a revision from being time-barred.
Land law – Revision of execution order – Limitation: exclusion of time under section 21 LLA where earlier proceeding prosecuted diligently in an incompetent court – Revisional jurisdiction available to challenge execution irregularities – Alleged abuse of process raises factual issues.
|
23 February 2026 |
|
Plaintiff proved a subsisting allocation of Plot No. 93; later resurvey, renaming and registration overlapping it were procedurally illegal.
Land law – allocation and offers – resurvey/renumbering of plots – administrative renaming and reallocation – indefeasibility of title limited where registration founded on illegality – unlawful dispossession and maladministration by land authorities – rectification of land register and re-survey – trespass declared; eviction declined – general damages awarded.
|
20 February 2026 |
|
Failure to file an ordered amended defence without sufficient cause removes the defence and permits the plaintiff to proceed ex parte.
Civil Procedure – Amendment of pleadings – Leave to amend – Effect of failure to file amended pleading – Original pleading superseded – Extension of time – Sufficient cause – Order VIII Rule 14(1) CPC – Ex parte proof.
|
20 February 2026 |
|
Deemed occupancy upheld; planning designation cannot extinguish rights without lawful acquisition and compensation; demolition by council not proven.
Land law – deemed right of occupancy; town planning designation vs. proprietary rights; compulsory acquisition requires statutory procedures and compensation; trespass and demolition by public authority—need for clear attribution and causation; proof of special damages.
|
20 February 2026 |
|
Res judicata and limitation objections dismissed where causes, parties, and accrual dates differ and trespass is continuing.
Civil procedure — Preliminary objections — Res judicata: five cumulative conditions (same matter directly and substantially in issue; same parties or privies; competent court; matter heard and finally decided; finality of former decision) — Limitation: time runs from plaint; recovery of land 12 years; continuing trespass renews limitation — Preliminary objection must be a pure point of law based on pleadings.
|
18 February 2026 |
|
Application for extension of time to appeal dismissed for failure to account for delay and no apparent illegality.
Civil procedure – Extension of time – Application to file appeal out of time – Requirements under Lyamuya: account for delays, diligence, non-inordinate delay, and apparent illegality – Applicant failed to account for days of delay and alleged illegality not apparent on the face of record.
|
18 February 2026 |
|
Argumentative affidavit paragraph forming the basis for an extension application was incurably defective; application struck out with costs.
Civil procedure – Affidavits – Order XIX, Rule 3 – Affidavits must contain facts, not legal argument or conclusions – Argumentative paragraph foundational to extension application not severable – Application struck out – Costs awarded.
|
17 February 2026 |
|
Decree holder's withholding of bank details negated bad-faith finding; debtor ordered to pay within 14 days or face committal.
Execution of decree — detention as civil prisoner under Order XXI Rule 30 CPC; requirement of bad faith beyond mere indifference; payment mode and bank details for execution; costs of execution where delay caused by decree holder.
|
17 February 2026 |
|
|
17 February 2026 |
|
First appellate court set aside Tribunal’s judgment, declaring appellant owner after finding erroneous relief, insufficient purchaser title and lack of spousal consent.
Land law — Pleadings and relief — Court cannot grant relief not pleaded or proved; burden of proof in land transactions — oral evidence and supporting loss reports may discharge burden where documents lost; nemo dat quod non habet — purchaser must show due diligence and cannot acquire better title than vendor; Law of Marriage Act — disposition of spousal property requires consent.
|
16 February 2026 |
|
Appeal allowed: tribunal erred by dismissing for alleged missing affidavit and wrongly dismissing after applicant had closed evidence.
Land disputes — dismissal for non-appearance — missing affidavit on record — duty to verify record and invite parties when raising issue suo motu — procedure where plaintiff/applicant has closed case and is absent at defence hearing — reinstatement of case.
|
16 February 2026 |
|
Tribunal erred by awarding land outside pleaded location without amendment; appeal allowed and decree quashed.
Land law — Pleadings binding parties — Verification of village boundaries — Amendment of pleadings required before altering claimed location — Identification of land essential for enforceable decree — Bona fide purchaser doctrine inapplicable where land identity uncertain — Burden of proof remains on claimant — Evaluation of customary title evidence required.
|
16 February 2026 |
|
Administrator General not a necessary party to an extension-of-time application challenging Registrar of Titles' decision.
Land law – Extension of time to serve notice of intention to appeal – Preliminary objection for non-joinder – Necessary party under Order 1 Rule 10 CPC – Administrator General’s proprietary interest – Registrar of Titles decision.
|
12 February 2026 |
|
Applicant failed to establish prima facie ownership or entitlement to a temporary injunction restraining sale of the property.
Land law — Temporary injunction — Ownership and possession — Guardianship and minority — Mortgage by guardian — Restructuring of loan — Compliance with auction statutory notices — Atilio v Mbowe injunction test.
|
12 February 2026 |
|
|
11 February 2026 |
|
Court recorded parties’ deed of settlement as consent judgment declaring plaintiff sole owner and each party to bear own costs.
Civil procedure – Consent judgment – Land dispute settled by Deed of Settlement recorded as consent decree; declaration of ownership by agreement; enforceability and execution of settlement terms; costs each party bears own.
|
10 February 2026 |
|
Interim injunction granted to restrain eviction and sale pending determination of disputed mortgage and sale of matrimonial property.
Land law – Interim injunction – Attilio v Mbowe test – triable issues, irreparable harm, balance of convenience – mortgage and sale of matrimonial property without spouse's consent – eviction – ex parte proceedings following service by publication.
|
10 February 2026 |
|
Applicant declared lawful owner and granted injunction after municipal trespass and unlawful change of land use without compensation.
Land law – ownership by Letter of Offer and acceptance – building permit and payment receipts as corroborative proof; municipal planning – change of land use/public designation; trespass and unlawful eviction; statutory acquisition procedures, notice and compensation; failure to prove quantum of damages defeats compensation claim.
|
10 February 2026 |
|
Tribunal’s dismissal for non-appearance set aside for failing to evaluate evidence; application restored for rehearing.
Land law – restoration of dismissed proceedings – non-appearance – necessity to evaluate affidavit and annexed documentary evidence – requirement for reasoned decisions; natural justice – right to be heard; procedural jurisdiction – role of assessors in Land Tribunals (raised but appellate determination rested on failure to evaluate evidence).
|
9 February 2026 |
|
Application for Mareva injunction struck out for incompetence due to inconsistent names on court documents.
Civil procedure – preliminary objections – competence of application – Mareva injunction sought "pending intended suit" and risk of perpetual injunction – affidavit must not contain arguments/conclusions (Order XIX r.3(2)) – sufficiency of land description for injunction – importance of accurate electronic court records and correct party names – misnomer may render application incompetent.
|
3 February 2026 |