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Citation
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Judgment date
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| February 2026 |
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The applicant’s appeal is dismissed because the memorandum of appeal breached Rule 86(1) by stating vague, argumentative grounds and is therefore non-viable.
Second appeal — role of second appellate court under Rule 32(2) and s.72 CPA; Civil Procedure — Rule 83 (institution of appeals and service of application for proceedings); Civil Procedure — Rule 86(1) (contents of memorandum of appeal; requirement to state specific grounds); Evidence — appraisal of inconsistencies and possession in land disputes; Property law — characterization of transaction as mortgage versus sale and principles on clog on redemption.
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12 February 2026 |
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Application for stay pending appeal dismissed for procedural defects, lack of capacity, and failure to show irreparable harm.
Civil procedure — Stay of execution pending appeal — Rule 6(2)(b) and Rule 42(1)/(2) Court of Appeal Rules — Jurisdictional/competency requirements — Locus/standing — Judicial review (prerogative) orders not generally executable — Conditions for stay: prima facie success, irreparable harm, balance of convenience, security — Clean hands doctrine — Independent administrative action (IGG) and freezing of accounts.
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12 February 2026 |
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Amendment to pleadings denied due to inordinate delay and potential prejudice despite the amendment not introducing a new cause of action.
Civil procedure — Amendment of pleadings (Order 6 r.19) — Leave to amend to determine real questions in controversy — Amendments permissible unless they introduce a distinct new cause, are mala fide, expressly prohibited, or cause irremediable prejudice — Inordinate delay and prejudice as valid grounds for refusal — Statutory notice to Land Commissioner not determinative of refusal in this case.
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12 February 2026 |
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Trial court erred in dismissing the applicant’s land claim for lack of locus standi; appeal allowed and matter remitted.
Civil procedure – locus standi in land disputes – distinction between locus standi and cause of action – requirement (or not) of letters of administration for a beneficiary to sue – appellate procedure – service and timing of applications for leave to appeal out of time – competence objections under Court of Appeal Rules (Rules 82, 102) – remittal for hearing on merits.
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12 February 2026 |
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Court stayed execution pending appeal, holding the decision was appealable as of right and applicants met stay requirements.
Court of Appeal – Stay of execution pending appeal – Appeal as of right where decision conclusively determines rights – Requirements for stay: arguable appeal/likelihood of success, irreparable harm/nugatory outcome, balance of convenience, promptness of application – Execution/taxation proceedings and risk of civil imprisonment.
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12 February 2026 |
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Whether a court may sever and allocate jointly held matrimonial land and the proper procedure for doing so.
Land law – Joint tenancy – Unities of possession, interest, title and time – Modes of severance (unilateral act, agreement, course of dealing, court order) – Severance during subsisting marriage – Procedure for severance v. human rights application under Article 50 – Effect of certificate of title – Permanent injunction and proprietary rights (Article 26).
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12 February 2026 |
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Second appeal dismissed: purchase proved; alleged clan title and gift unproven, eviction and permanent injunction ordered.
Civil procedure – Second appeal limited to questions of law; appellate re-evaluation of evidence. Land law – proof of purchase versus clan/ancestral land; requirements for valid gift inter vivos. Evidence – admissibility of electronic recordings; necessity of locus in quo visit when ownership central.
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12 February 2026 |
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The appellate court wrongly overturned the trial’s land ownership finding by misassessing the applicant's witnesses and disregarding the locus visit.
Land law – ownership by inheritance – weight of locus in quo and witness demeanour – appellate re-appraisal of evidence on second appeal under s.72 Civil Procedure Act – adverse possession not established.
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11 February 2026 |
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Circumstantial evidence was insufficient for murder; procedural omissions did not occasion a miscarriage of justice.
Criminal law – Murder – Circumstantial evidence must form a complete chain incompatible with innocence; procedural omissions (unsworn assessors, absence of recorded summing-up, unsworn witnesses) are irregular but not automatically fatal absent miscarriage of justice; retrial discretionary and may be refused where prosecution case is weak, witnesses absent and delay risks prejudice.
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11 February 2026 |
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Allowing an amended plaint that substitutes a new cause of action to evade limitation is irregular; suit was time-barred.
Civil procedure — Amendment of pleadings — Order 5 r.19 CPR — Amendment that substitutes a distinct cause of action is irregular — Limitation — Section 5 Limitation Act — Recovery of land — Continuous trespass principle inapplicable where amended plaint unlawfully admitted.
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11 February 2026 |
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Whether a 25-year sentence for aggravated defilement after a guilty plea was manifestly excessive.
Criminal law – Sentencing – Aggravated defilement – Effect of guilty plea on sentence – Mitigating and aggravating factors – Appellate review only where sentence is manifestly excessive or wrong in principle – Sentencing range for aggravated defilement.
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10 February 2026 |
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Appellate court upheld a 26-year sentence for aggravated defilement, finding it not excessive given the aggravating factors.
Criminal law – Aggravated defilement – Sentencing principles – Plea of guilty as mitigation – Appellate interference only where sentence illegal, wrong in principle or manifestly excessive – Sentencing precedents and guidelines.
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10 February 2026 |
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Appeal against a 23 years 6 months murder sentence dismissed; trial judge properly balanced mitigating and aggravating factors.
Criminal law – Murder – Sentence appeal – Scope of appellate review – Sentencing Guidelines and consistency – Mitigating (remand period, youth) and aggravating (gruesome killing) factors – 23 years 6 months not manifestly excessive.
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10 February 2026 |
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Convictions quashed due to irretrievable loss of trial record; retrial ordered, appellants may apply for bail.
Missing record of proceedings — duty of trial court/registrar to prepare and transmit record — right to appeal and fair hearing — remedy for lost records: retrial versus acquittal — factors: possibility of reconstruction, gravity of offence, time served, prejudice to accused and victims.
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10 February 2026 |
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The appellant’s conviction and adult sentence were quashed because he was a juvenile when the offences occurred.
Criminal law – juvenile offenders – age determination and medical evidence – detention and remand of juveniles – remit to Family and Children Court for sentencing under the Children Act – conviction and sentence quashed for procedural breaches and miscarriage of justice.
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10 February 2026 |
| January 2026 |
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Court granted stay of execution pending appeal after finding a prima facie case, risk of irreparable harm, and favourable balance of convenience.
Civil procedure – Stay of execution pending appeal – Requirements: notice of appeal; prima facie likelihood of success; irreparable harm/nugatory appeal; balance of convenience; promptness – Rule 42 High Court prerequisite – Execution for costs and threat of civil imprisonment.
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30 January 2026 |
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Second appeal dismissed: registered title upheld; appellant failed to prove lawful occupancy or justify retrial; costs awarded to respondent.
Land law – title vs alleged kibanja interest; burden of proof on occupant to show legality of occupancy; credibility and authenticity of sale agreement; locus in quo – necessity and record; second appeal scope; procedural competence of preliminary objection under Rule 102(b); limitation of actions.
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30 January 2026 |
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Whether a stay of execution is appropriate where the appeal was withdrawn by consent and the property already sold.
Civil procedure – Stay of execution – Requirements: existence of appeal, likelihood of success, irreparable harm, balance of convenience, absence of delay – Withdrawal by consent – Execution completed and property transferred to third-party – Reinstatement vs set-aside.
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27 January 2026 |
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Slip rule inapplicable to change costs order where the court’s intention to award costs to respondents was clear.
Civil procedure — Judicature (Court of Appeal) Rules, Rule 36 (slip rule) — Correction of judgments — Clerical/arithmetical mistakes vs substantive errors — Costs orders — Election petition appeal.
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27 January 2026 |
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Second appellate court: implied warranty of habitability can be an implied term; contract existed but landlord breached by not providing habitable premises.
Contract law — Tenancy agreement — Implied warranty of habitability — Parole evidence admissible to explain ambiguous written terms — Pleading: implied term is a term of law and need not be pleaded in technical terms — Second appellate duty to interfere where lower courts misapplied law or failed to evaluate evidence.
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27 January 2026 |
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Appeal against refusal to set aside an ex‑parte judgment was struck out for lack of the mandatory leave to appeal.
Civil procedure – Setting aside ex-parte judgments – Order 9 rule 12 – Appeals – leave required under Order 44 rules (2) and (3) – Right to appeal is statutory – appeal struck out for want of leave.
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21 January 2026 |
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Conviction for murder upheld; death sentence set aside and replaced with 29 years 8 months imprisonment.
Criminal law — Appeal on conviction and sentence — admissibility and weight of charge and caution statements — retracted confession alleged obtained under duress — first appellate court’s duty to reappraise evidence — sentencing — death penalty reserved for gravest and rare cases — mitigating factors justify substitution of sentence.
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20 January 2026 |
| December 2025 |
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Appeal allowed: respondent not a bona fide occupant, caveat invalid, eviction ordered, costs to appellant.
Land law – bona fide occupant under s.29(2) Land Act – requirements of 12 years unchallenged occupation before 1995 Constitution; capacity to contract – non‑entity parish lacks authority to grant land; caveatable interest – necessity of legal or equitable interest to lodge caveat; appellate review – misquotation/extraneous matter and re‑evaluation of evidence; appeal procedure – Rule 86(1) specificity requirement for grounds of appeal.
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22 December 2025 |
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Failure to deduct remand time made the sentence illegal; court deducted one year, fixing a 15-year term.
Criminal law – Sentencing – Deduction of remand time – Failure to deduct remand period renders sentence illegal – Appellate re-sentencing under section 11 Judicature Act – Aggravated defilement and HIV infection.
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17 December 2025 |
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Appellate court dismissed challenge to a 16‑year sentence for aggravated defilement, finding it not manifestly excessive.
Criminal law – Aggravated defilement – Sentencing – Appellate interference with sentence – leave to appeal against sentence – consideration of mitigating and aggravating factors (age, first offender, time on remand; HIV status, school dropout, pregnancies) – sentencing guidelines and consistency.
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17 December 2025 |
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Appeal against sentence dismissed: allocutus and remand credit were considered and the 27 years 8 months term was not excessive.
Criminal law – Sentencing – Appellate interference with sentencing discretion; Allocutus (pre-sentencing hearing); Article 23(8) Constitution – credit for time spent on remand; Sentencing Guidelines – starting points and comparative authorities for murder.
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17 December 2025 |
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Appellate court reduced a manifestly excessive murder sentence and resentenced the appellant after deducting remand time.
Criminal law – Murder – Sentencing – Whether sentence manifestly excessive – Appellate reappraisal and interference with sentencing discretion – Section 11 Judicature Act power to resentence – Deduction of remand period – Sentencing Guidelines starting point 35 years.
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17 December 2025 |
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Whether a 35‑year sentence for aggravated defilement by an HIV‑positive first offender was excessive given mitigating factors.
Criminal law – Aggravated defilement – Sentencing – appellate interference with sentence – failure to consider mitigating factors – HIV status as aggravating factor – consistency in sentencing – deduction of remand period.
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17 December 2025 |
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Remand period need not be arithmetically deducted if sentencing judge clearly credits it; 16-year sentence confirmed.
Criminal law - aggravated defilement; sentencing - remand credit under Article 23(8) Constitution; plea bargaining; arithmetic deduction of remand time not strictly required where court shows credit; appellate review of sentence.
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17 December 2025 |
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A bank’s promise to issue letters of credit was actionable; respondent awarded demurrage, LC fees and USD 53,313.90 for withheld contract funds.
Banking law – Letters of credit – Representation and estoppel – Whether email promising irrevocable sight LC created actionable obligation; Contract and fiduciary duties – breach for failing to honour LC representation; Damages – assessment and appellate interference; Proof of outstanding loan – requirement of credible loan statement; Cross‑appeal – recovery for sums recalled/withheld by employer due to sale of goods.
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17 December 2025 |
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Appeal against a 30‑year murder sentence dismissed; sentence found not manifestly excessive and thus maintained.
Criminal law – Murder – Sentence – appellate review of sentencing discretion – manifestly excessive – mitigating factors (age, first offender) – consistency with precedents – remand deduction.
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17 December 2025 |
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Failure to deduct remand custody renders sentence illegal; court re-sentenced and deducted two years, effective 28 years.
Criminal law — Murder by poisoning; Sentencing — obligation to deduct period spent on remand (Article 23(8) Constitution); Failure to deduct renders sentence illegal; Court of Appeal re-sentencing powers under s.11 Judicature Act; Sentencing consistency and range for single-victim murder (20–35 years).
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17 December 2025 |
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Whether a sentencing court must arithmetically deduct pre-trial remand time where the controlling precedent postdates the sentence.
Criminal law – sentencing – murder, attempted murder, attempted suicide; credit for pre-trial remand; non-retrospectivity of Rwabugande arithmetic deduction; appellate interference standard.
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17 December 2025 |
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Failure to expressly credit remand time renders a sentence illegal; appellate court may resentence and apply deduction.
Criminal law – Murder arising from mob justice; Sentence – constitutional requirement to credit remand time (Art. 23(8)); Trial judge must apply remand deduction expressly; Appellate power to resentence under s.11 Judicature Act; Relevant authorities: Rwabugande, Abelle.
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17 December 2025 |
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Plea-bargain murder sentence upheld; remand period credited and appeal dismissed.
Criminal law – plea-bargain sentencing – remand credit under Article 23(8) – informal application for extension of time – appellate interference with plea-bargain sentences.
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17 December 2025 |
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Appellate court upheld a 20-year murder sentence as appropriate, stressing deterrence against brutal mob justice.
Criminal law – Sentencing – Murder resulting from mob justice – Sentencing Guidelines (35-year starting point; 30 years to death range) – Appellate interference only where sentence is manifestly excessive or wrong in principle – Remand period and mitigating factors considered – Deterrence of mob justice.
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17 December 2025 |
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The appellant's life sentence for murdering his wife was reduced as manifestly excessive and remand time was credited.
Criminal law – Murder – Sentencing – Whether sentence is manifestly excessive – Need to consider both aggravating and mitigating factors – Consistency in sentencing – Substitution of sentence under section 11 of the Judicature Act – Credit for time on remand.
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17 December 2025 |
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Appellate court set aside a harsher-than-agreed plea-bargain sentence and deducted remand time, imposing the agreed term.
Criminal law — Plea bargain — Court must not impose a sentence harsher than that agreed (Judicature (Plea Bargain) Rules r.15(2)) — If dissatisfied court must reject plea and order full trial; Sentencing — Deduction of remand custody mandatory (Art.23(8) Constitution) — Sentencing warrant must specify term and remand deduction.
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17 December 2025 |
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Appellants' aggravated robbery sentences upheld as within sentencing guidelines and not manifestly excessive.
Criminal law – Aggravated robbery – Sentencing – Manifestly excessive – Appellate reappraisal of sentence – Sentencing Guidelines – Common intention – Validation of out-of-time notice of appeal.
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17 December 2025 |
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Court set aside unclear sentence and re-sentenced aggravated defilement to 20 years, deducting three years remand (17 years to serve).
Criminal law – Aggravated defilement – Sentencing – Deduction of pre-trial custody under Article 23(8) – Appellate interference where sentence unclear or excessive – Re-sentencing under s.11 Judicature Act – Parity and mitigating/aggravating factors.
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17 December 2025 |
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Pre-trial remand periods must be arithmetically credited to sentence; overlooked remand time reduced the term accordingly.
Criminal law – Sentencing – Pre-trial remand credit – Remand periods must be arithmetically deducted from sentence; appellate correction where trial court overlooked material remand period; limits on interference with sentencing discretion.
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17 December 2025 |
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Appellate court reduced sentence by one year to account for time spent on remand after prosecution conceded illegality.
Criminal law – Aggravated defilement – Sentencing – Failure to deduct remand time renders sentence illegal – Appellate re-sentencing under section 11 Judicature Act – Appellate interference limited to illegal, excessive or improperly reasoned sentences.
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17 December 2025 |
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Appellate court reduced the appellant’s life sentence for murder, finding omission of mitigating factors and manifest excessiveness.
Criminal law – Murder – Sentencing – Appellate interference for manifestly excessive sentence – Failure to consider mitigating factors – Remand period deduction – Sentencing range for murder 18–35 years – Power to resentence under s.11 Judicature Act.
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17 December 2025 |
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Whether unpleaded fraud can justify title cancellation and whether respondents held lawful kibanja interests.
Land law – Kibanja/equitable interest – Lawful occupant under s.29(1)(b) of the Land Act; Pleading and proof of fraud – appellate courts cannot decide unpleaded fraud or make orders affecting non‑parties without hearing them; Second appeal – duty to reappraise evidence; Award of damages on appeal where counterclaim sought damages.
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11 December 2025 |
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A single Justice cannot grant a mandatory interlocutory injunction restoring the applicant to disputed land; application dismissed.
Civil procedure – interlocutory mandatory injunction – exceptional relief requiring high degree of assurance – restoration of possession pendente lite – status quo – jurisdiction of a single Justice versus full bench – appropriate remedy for alleged excessive execution is setting aside execution.
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11 December 2025 |
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Court set aside ex parte striking of appeal, restoring applicant's right to be heard due to counsel's negligence.
Civil procedure — Ex parte rulings — Rule 56(2) & (3) — Setting aside ex parte decisions — 'Sufficient cause' — Effect of counsel negligence on litigant's right to be heard — Service of process — Restoration of appeal for interparty hearing.
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4 December 2025 |
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An interlocutory application to set aside an ex parte ruling is moot once the underlying application has been finally determined.
Civil procedure – interlocutory application to set aside ex parte ruling – doctrine of mootness and functus officio – effect of final determination of underlying application – remedy by restoration – service of process disputes.
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4 December 2025 |
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Beneficiaries may sell allotted shares pre-grant; purchaser with part payment and possession had equitable title; registered title impeached for fraud; unpleaded monetary orders set aside.
Succession law – beneficiaries' capacity to deal with allotted shares pre-grant – equitable interest by part payment and possession; Land law – indefeasibility of title v fraud exception under RTA; bonafide purchaser without notice; procedural law – limits on granting unpleaded monetary reliefs and orders against deceased estate.
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3 December 2025 |
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A reviewing judge may correct patent errors apparent on the record but cannot award unpleaded general damages.
Civil procedure — Review jurisdiction — Error apparent on the face of the record — Distinction between review and appeal — Constructive trust and conflicting factual findings — Reliefs not pleaded — Award of general damages on review.
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3 December 2025 |
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Application for extension of time to appeal dismissed for failure to show sufficient cause; other reliefs lacked affidavit support.
Civil procedure — Extension of time to file appeal — Applicant must show sufficient reasons, no dilatory conduct and absence of injustice — Affidavit evidence required for interlocutory relief — Annexures unexplained have no probative value — Wrong citation of procedural rule a technicality not proving prejudice — Stay of execution and setting aside decree require evidential support and appropriate lower court procedure.
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3 December 2025 |
