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Citation
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Judgment date
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| December 2019 |
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23 December 2019 |
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20 December 2019 |
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20 December 2019 |
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20 December 2019 |
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20 December 2019 |
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20 December 2019 |
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20 December 2019 |
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20 December 2019 |
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20 December 2019 |
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20 December 2019 |
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19 December 2019 |
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18 December 2019 |
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18 December 2019 |
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16 December 2019 |
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16 December 2019 |
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12 December 2019 |
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12 December 2019 |
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9 December 2019 |
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9 December 2019 |
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9 December 2019 |
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9 December 2019 |
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9 December 2019 |
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9 December 2019 |
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9 December 2019 |
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9 December 2019 |
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9 December 2019 |
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9 December 2019 |
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9 December 2019 |
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9 December 2019 |
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3 December 2019 |
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Court granted interim stay of eviction pending appeal where applicant showed imminent threat and complied with procedural requirements.
Civil procedure — Interim relief — Stay of execution pending appeal — Preservation of right of appeal — Requirements: notice of appeal, substantive application pending, serious threat of execution — Applicant’s uncontested evidence of imminent eviction — Costs to abide outcome.
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2 December 2019 |
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2 December 2019 |
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Reliance on affidavits in place of required oral evidence and cross‑examination rendered the trial irregular; retrial ordered.
Civil procedure — Order XVIII & XIX CPR — successor judge must continue trial from stage left by predecessor; oral evidence and cross‑examination required where necessary — affidavit evidence permissible for particular facts but cannot replace oral trial; irregular trial on affidavits alone warrants setting aside judgment and ordering retrial.
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2 December 2019 |
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Application to stay execution dismissed for wrong appeal reference and failure to comply with Rule 42(1), with costs to respondent.
Civil procedure – Stay of execution – applicant must have a proper Notice of Appeal arising from the correct originating suit to obtain stay. Procedural compliance – Rule 42(1) requires prior High Court application or special circumstances to invoke Court of Appeal’s discretionary relief. Amendment and clarification – clerical or procedural errors in pleadings must be corrected; unexplained errors render applications incompetent
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2 December 2019 |
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2 December 2019 |
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2 December 2019 |
| November 2019 |
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The appeal was dismissed for lack of prosecution; costs awarded to the respondent.
Civil Procedure - Appeal - Dismissal for want of prosecution - Absence of appellant and counsel - Rule 100(1) of the Court of Appeal Rules
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27 November 2019 |
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22 November 2019 |
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Appeal dismissed as land claim was time‑barred; inheritance and fraud claims unproven; occupancy remitted for further determination.
Land law – registered land under the Registration of Titles Act; limitation – twelve‑year bar to actions to recover land; proof required to impeach registered title (fraud/forgery); bona fide purchaser for value without notice; entitlement of non‑party – award to non‑party set aside; succession/administration – necessity of probate/letters to establish inheritance; remittal to determine occupation and interim injunction.
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22 November 2019 |
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Appeal dismissed: nomination defects were technical, hearsay affidavit unreliable, and pre-election remedies not pursued.
Election law — Nomination papers — Local Governments Act s111(3)(g) — deviation from form not fatal where substance unaffected; hearsay affidavits inadmissible in election petitions; statutory pre-election complaints to Electoral Commission must be pursued; national ID is not conclusive proof of voter registration.
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21 November 2019 |
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21 November 2019 |
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A caveat provides temporary protection; delay and seeking refund justify its removal against a registered proprietor.
Land law – Caveat – nature and purpose: temporary/interlocutory protection akin to statutory injunction. Burden of proof – registered title prima facie evidence; caveator must show sufficient grounds to maintain caveat
Procedure – caveator obliged to bring ordinary proceedings timeously after lodging caveat. Delay/dilatory conduct – unexplained delay and pursuit of refund may justify removal of caveat
Discretion – court must balance convenience between registered proprietor and caveator when granting removal
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21 November 2019 |
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21 November 2019 |
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21 November 2019 |
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20 November 2019 |
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20 November 2019 |
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20 November 2019 |
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19 November 2019 |
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19 November 2019 |
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19 November 2019 |
