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Recent Judgments

Results. found.

Application to amend defence dismissed where proposed amendments materially altered the claim and would prejudice the respondent.
  • Civil procedure
    • — Amendment of pleadings — Leave to amend defence under Order 6 Rule 19 — Scope, prejudice and substitution of distinct cause of action
    • — Procedure — Failure to attach proposed amended pleading — Irregularity cured if draft is filed and served before determination, absent prejudice
11 May 2026
Plaintiffs failed to prove vendor’s root of title or fraud; defendant’s registered title remains unimpeached.
  • Land law
    • — Customary land — Proof of root of title required to pass proprietary interest
    • — Registration of titles — Allegation of fraud in procurement of title requires strict proof
  • Civil remedies — Cancellation of title, eviction, mesne profits and damages — Available only upon proof of superior proprietary interest
11 May 2026
Application for leave to appeal and to set aside taxation was withdrawn after parties settled costs and recorded the agreement.
  • Civil procedure
    • — Appeals — Leave to file appeal out of time — Withdrawal after settlement endorsed by court
    • — Costs — Settlement of costs agreement — Court endorsement and effect
    • — Execution — Stay of execution application rendered academic by settlement
11 May 2026
The applicant with a beneficial interest in disputed land must be joined as a defendant to avoid multiplicity of suits.
  • Civil procedure — Joinder of parties — Addition of defendant with beneficial/proprietary interest — Application under Order 1 r10(2), Order 6 r13 and Section 98 Civil Procedure Act
11 May 2026
Applicant's stay application withdrawn after parties' court‑endorsed settlement; no order as to costs.
  • Civil procedure — Settlement endorsed by court — Withdrawal of application — Effect of agreement on pending application — Order 25 Rule 1 Civil Procedure Rules
11 May 2026
Failure to prove mandatory pre‑taxation meeting and service of notices renders a taxed bill of costs irregular.
  • Civil procedure
    • — Taxation of costs — Mandatory pre‑taxation meeting and service of taxation notices under Advocates (Remuneration and Taxation) Regulations
    • — Appeals from taxation — Procedure for appeals under Advocates (Taxation of Costs) (Appeals and References) Regulations SI.267-5 — summons in chambers supported by affidavit
11 May 2026
Stay of execution dismissed for failure to show arguable appeal, imminent execution, or irreparable harm.
  • Civil procedure — Stay of execution — Requirements for grant: pending appeal with arguable grounds, imminent threat of execution, irreparable harm — Order 22 Rules; Civil Procedure Act s.98; Judicature Act s.37
11 May 2026
Applicant lacked standing and failed to exhaust internal party remedies; court dismissed challenge to party endorsements.
  • Constitutional/Administrative law — Judicial review — Amenability of internal political party decisions to review — Courts exercise restraint absent clear illegality after exhaustion of internal remedies
  • Administrative law
    • — Standing/Representative proceedings — Sufficiency of interest and requirement for court leave to sue on behalf of others
    • — Exhaustion of internal remedies — Mandatory under Judicature (Judicial Review) Rules, Rule 7A
11 May 2026
Fraudulent cadastral remapping awarded plaintiff Plot 208; purchaser not bona fide; KCCA not liable.
  • Land law
    • — Title disputes/cadastral mapping — Fraudulent remapping and responsibility for overlapping plots
    • — Bonafide purchaser — Duty to inspect, constructive notice and failure of the bonafide purchaser defence
  • Administrative law — Liability of city authority — KCCA not responsible for issuing or correcting deed prints or certificates of title
8 May 2026
Review dismissed as time‑barred under s.18 LADASA; review limited to interpretation or new relevant facts.
  • Labour law — Review of Industrial Court decisions — Time limits and grounds for review under s.18 LADASA — Application must be filed within 21 days and limited to interpretation or new relevant facts
  • Civil procedure — Applicable procedure — LADASA special provision prevails over general CPA/CPR for review of Industrial Court awards
8 May 2026
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Recent Legislation

Results. found.

Statutory Instrument 14 of 2026 27 March 2026
Legal Notice 1 of 2026 19 March 2026
Uncommenced
Act 1 of 2026 27 February 2026
Statutory Instrument 98 of 2025 24 December 2025
Statutory Instrument 2 of 2021 24 December 2025
Statutory Instrument 92 of 2025 12 December 2025
Legal Notice 21 of 2025 14 November 2025
Statutory Instrument 75 of 2025 3 October 2025
Act 8 of 2025 27 June 2025
Chapter 330 27 June 2025
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