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Citation
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Judgment date
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| February 2026 |
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Prison transfer causing non‑attendance and arguable grounds justified reinstatement of a dismissed criminal appeal.
Criminal procedure — Reinstatement of dismissed appeals — Discretion under Section 37 Judicature Act — Sufficient cause (prison transfer and lack of legal aid) — Severability of falsehoods in affidavits — Assessment of arguable merits before reinstatement.
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17 February 2026 |
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The court affirmed LCII original jurisdiction in customary land disputes and quashed the Chief Magistrate's orders.
Local Council courts — LCII original jurisdiction in customary land disputes — Stare decisis and binding Court of Appeal precedent — Parties cannot consent to oust jurisdiction or validate illegality — Quashing of Chief Magistrate’s orders restoring LCII and LCIII judgments.
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17 February 2026 |
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Guarantors under a consent on execution are not enforceable until statutory execution modes against the principal debtor are exhausted.
Contracts Act – guarantee – guarantor liability accrues upon principal debtor’s default and after exhaustion of statutory modes of execution; Civil Procedure Act – modes of execution; Procedure – service of notice of motion; Registration of Persons Act – national ID cannot be used as collateral; Inherent powers of court – judge’s direction lawful.
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17 February 2026 |
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Appeal against refusal of leave to appear and defend in a summary suit is incompetent without prior leave.
Civil procedure — Summary suit — Application for leave to appear and defend under Order 36 r.5 — Appealability — Order 44 r.2 and s.76 Civil Procedure Act — Appeal incompetent without prior leave.
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17 February 2026 |
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Appeal dismissed: the appellant’s theft conviction upheld; sentence lawful and not manifestly excessive.
Criminal law – Theft – Entrustment of goods and dishonest conversion – Inference of intent from conduct – Material contradictions in prosecution evidence – First appellate re-evaluation of facts – Sentence within statutory limit and consecutive term discretionary.
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17 February 2026 |
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Appeal allowed: sale did not vest ownership in unadministered estate, but open possession created an equitable, protectable interest.
Succession and land law — identity and misnomer — disputed execution of documents — burden of proof under Evidence Act (ss.66,101) — enforceability of transactions over unadministered estate land — equitable/possessory interests, acquiescence and protection against successors — trespass and possession.
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17 February 2026 |
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Application to set aside dismissal of appeal dismissed for late Memorandum and wrong procedural route.
Civil procedure – Appeals – Memorandum of Appeal vs Notice of Appeal – Time limits under Section 79 and Order 43 CPR – Failure to obtain certified record not an excuse – Proper procedure to challenge dismissal: leave to appeal under Order 44.
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16 February 2026 |
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Appellant failed to prove exclusive possession; locus in quo and untendered mediation report supported respondents’ title; appeal dismissed.
Land law – trespass and possession – burden of proof for actual and exclusive possession; locus in quo – role in testing oral evidence; boundary evidence – anthills, sisal, trees; mediation proceedings – admissibility and estoppel.
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16 February 2026 |
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High Court dismisses revision challenging magistrate’s recount, holding jurisdiction, lawful exercise of discretion and no material irregularity.
Civil revision (s.83 CPA) — Parliamentary Elections Act (s.74) — Vote recount — Jurisdiction to order and conduct recount — Affidavit/jurat defects — Judicial discretion — Recount as numerical verification not full reconciliation — Chain of custody and election petition remedies.
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14 February 2026 |
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Court held that an abbreviated middle name on a grant is a misnomer; both name variants refer to the same administrator.
Succession law – Letters of Administration – Misnomer and name discrepancies – Application of misnomer doctrine and “reasonable reader” test – Court’s inherent powers to prevent injustice and recognize administrator despite name variation.
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13 February 2026 |
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A limited grant of administration to represent a deceased in one suit does not confer locus standi in a later, separate suit.
Succession Act s.218 — letters of administration limited to a suit — limited grant confined to specified pending proceedings; locus standi — capacity to sue; joinder as party in later suit; limited administrator cannot be made party to unrelated subsequent suit.
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12 February 2026 |
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Limited letters of administration confined to a specific suit do not confer locus standi to join an unrelated suit; application dismissed.
Succession Act (s.218/s.222) – limited letters of administration – scope confined to specified pending suit; locus standi to sue or be joined; party addition in separate proceedings; preliminary objections: limitation and alteration of cause of action.
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12 February 2026 |
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Default judgment entered where defendant failed to apply for leave to appear and defend under summary procedure.
Civil Procedure — Summary procedure (Order 36 r.2–3) — Default judgment where defendant fails to apply for leave to appear and defend (Order 36 r.3(2)) — Dismissal for want of prosecution (Order 9 r.22) — Award of interest and costs.
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11 February 2026 |
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Equitable interest from a sale is protected against a purchaser with constructive notice; fraudulent double sale warrants restitution.
Land law – equitable interest arising from unpaid or unregistered sale; double sale and fraud; bona fide purchaser doctrine; constructive notice by occupation; equitable wrongdoing and pre-registration eviction; restitutionary remedies and refusal of specific performance.
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10 February 2026 |
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A subsisting judicial decree validating rectification sustains cancellation and adverse registration absent strict proof of fraud.
Land law – Registered title and indefeasibility – Effect of subsisting judicial decree directing rectification – Registrar’s ministerial role – Special certificate issuance and strict proof of fraud – Trespass as a continuing tort and limitation.
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10 February 2026 |
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Applicants granted leave to defend after respondent’s admission of partial payment created a triable dispute despite brief filing delay.
Civil procedure – Order 36 summary procedure – Leave to appear and defend where a genuine dispute as to quantum exists; admission of partial payment raises triable issue; short procedural delay excused by section 98 and Article 126(2)(e); failure to file written submissions does not bar determination.
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10 February 2026 |
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Appellants’ registered title upheld; respondent’s unproven purchase and long possession claims failed, declared a trespasser.
Land law – trespass against registered proprietor – burden of proof on person asserting purchase or long possession – hearsay and contradictions – tenant by occupancy (s.29 Land Act) – conclusiveness of certificate of title.
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10 February 2026 |
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Administrative delay in issuing summons does not cause abatement where the plaintiff took the requisite procedural step in time.
Civil procedure – Abatement under Order 11A rules 1 and 6 – Meaning of "take out summons for directions" – actus curiae neminem gravabit; Affidavits vs pleadings – Order 6 rule 2; Jurisdiction of High Court – injunctive relief and proprietary land claims can attract High Court jurisdiction despite pecuniary limits of subordinate courts; Abuse of court process – striking out suits sparingly.
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10 February 2026 |
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High Court may hear bail before committal; applicant charged with money laundering granted bail on strict conditions.
Jurisdiction — High Court powers to entertain bail and interlocutory relief prior to committal; Money laundering — triable by High Court; Bail — presumption of innocence, Trial on Indictments Act ss.14–15, Bail Guidelines 2022, factors: fixed abode, sureties, risk of absconding, witness interference; Human Rights (Enforcement) Act and allegations of unlawful detention affecting bail exercise.
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10 February 2026 |
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A constitutional human‑rights suit seeking resettlement from a 1999 eviction was dismissed as time‑barred under limitation law.
Limitation law – human rights enforcement – non‑retroactivity of HR (Enforcement) Act 2019; recovery of land governed by Limitation Act s.5 (12 years); negotiations do not suspend limitation; Article 50 claims subject to limitation.
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9 February 2026 |
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Appeal dismissed: locus in quo properly conducted and overly general grounds of appeal struck out.
Land law – ownership dispute – locus in quo – procedural requirements for locus visits – limits on use of locus visit to verify evidence; appellate review – striking out overly general grounds of appeal as a fishing expedition; costs awarded.
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9 February 2026 |
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Plaintiff’s unproven government-grant claim failed; defendants proved customary ownership by user and occupation; counterclaim succeeds, costs awarded.
Land law – Customary tenure – Unregistered land held under clanship – Ownership proved by user and occupation; Burden and standard of proof in civil claims; Insufficiency of uncorroborated verbal assertion of government grant; Locus inspection evidence; Costs follow the event.
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9 February 2026 |
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Whether two variants of a deceased person's name amount to a curable misnomer permitting verification for estate administration.
Succession and estate administration – verification of deceased’s name – misnomer doctrine – "reasonable reader" test – correction/verification of name discrepancies – court’s inherent and statutory powers to prevent multiplicity of proceedings.
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9 February 2026 |
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High Court lacked first-instance jurisdiction for sole custody but allowed applicant to travel with child and have custody abroad.
Jurisdiction — High Court inherent jurisdiction vs Magistrates' Court as first-instance for custody; Children Act — custody by agreement (s118) and sole custody procedure (s116, Rule 19 SI 59–2); Parental duty under Constitution Article 31(4); Proof of child's age (Registration of Persons Act s39(3)); Court's remedial power under Judicature Act s37; Relocation of child and consent of other parent.
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4 February 2026 |
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Court extended expired letters of administration five years to allow the estate to continue receiving pension.
Succession — Renewal/extension of expired letters of administration — Succession Act s256(3) and s256(4)(c) — Court’s discretion under Judicature Act s37 — Estate receiving pension — beneficiaries’ consent — conditions: inventory and accounts — costs.
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2 February 2026 |
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Court extended expired letters of administration for two years, requiring inventory and account within one year.
Succession law — Extension/renewal of letters of administration — Applicability of s.256(3) and s.337(4) Succession Act — Requirement to show just cause for grants issued before 31 May 2022 — Beneficiaries’ consent — Filing of inventory and accounts.
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2 February 2026 |
| January 2026 |
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Filing a statutory caveat to protect an interest does not, by itself, constitute contempt of court.
Contempt of court — civil contempt requires clear subsisting order, knowledge, capacity and deliberate disobedience; Succession Act s.249 — lodging a caveat to protect an interest; Succession Act s.252 — removal/proof of caveat; interim restraint on dealings pending administration cause.
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30 January 2026 |
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Plaintiff's special damages unproven; court awarded general damages, set off prior criminal compensation, and granted costs.
Civil damages – special damages require strict pleading and proof – general damages assessed for permanent bodily injury – prior criminal compensation to be set off under s.126(3) Trial on Indictments Act – ex parte proceedings where defendants defaulted.
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30 January 2026 |
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Stay of execution granted pending appeal, conditional on applicant depositing taxed costs as security.
Civil procedure – Stay of execution pending appeal – Requirements under Order 43 Rule 2 and 3/Order 22 r.23 – timely notice of appeal – imminent threat of execution evidenced by taxation and execution application – security for due performance – delay and likelihood of success.
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29 January 2026 |
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The court upheld the trial finding of respondent’s customary ownership and dismissed appellants’ challenges, including limitation and citizenship arguments.
Land law – customary land ownership – inheritance and letters of administration; Citizenship – relevance to customary ownership where not pleaded; Limitation Act – accrual of cause of action and continuous trespass; Jurisdiction – Magistrate Grade One and pecuniary value; Invalidity of local allocations – District Land Board authority; Evidentiary evaluation and burden of proof on appeal.
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29 January 2026 |
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Benefit-protecting caveats lodged for minors do not lapse automatically and cannot be vacated without sufficient cause.
Registration of Titles Act s.124 – Caveats – Beneficiary caveats by Administrator General – Protection of minors’ interests – Caveats do not lapse automatically – Removal requires showing of sufficient cause.
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29 January 2026 |
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Court corrected omission under the slip rule to declare both consolidated suits barred by res judicata.
Civil procedure – consolidation of suits – res judicata – judgment in rem – slip rule (Section 99 CPA) – consequential orders vs correcting omissions.
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29 January 2026 |
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Appellant failed to show valid title or due diligence; trial court correctly found respondent owner and dismissed the appeal.
Land law – ownership of unregistered land – effect of temporary permission versus proprietary title – purchaser’s duty of due diligence before purchase – failure to call material witness – appellate re-evaluation of evidence.
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29 January 2026 |
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Vendors were joinable as necessary defendants because their presence was essential to the applicant’s ownership defence.
Civil procedure – Joinder of parties – Order 1 r.3 and r.10 CPR – Necessary parties – Vendor purchasers in land dispute – Amendment of plaint – Avoidance of multiplicity of suits.
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29 January 2026 |
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Court granted leave to proceed ex parte against non‑filing defendants after effective substituted service; suit set down for proof against defending respondent.
Civil procedure – substituted service – effectiveness of service by publication pursuant to court order – Order 9 r.10 & r.11 CPR – proceeding ex parte where defendants fail to file defence – setting suit down for formal proof against remaining defendant.
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29 January 2026 |
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Respondents' caveats maintained pending resolution of a main suit alleging fraud affecting the applicant's title.
Land law – Caveats – Caveatable interest under s.123 Registration of Titles Act – Caveat as interim protection – Judicial discretion to maintain caveat where main suit pleads fraud – Preservation of subject matter pending determination.
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28 January 2026 |
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Whether the applicant or the respondent is the rightful owner entitled to State compensation for military‑occupied land.
Land law – Temporary Occupation Licences (TOLs) – interpretation and evidential weight; ownership dispute over military‑occupied land; compensation by State – valuation date; locus standi – administrator substituted; counterclaim in trespass and fraud – burden and standard of proof; costs and interest awarded.
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28 January 2026 |
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Whether temporary occupation licences and verification determine rightful ownership and entitlement to government compensation for military‑taken land.
Land law — Temporary Occupation Licences (TOLs) — ownership disputes where TOLs are licence numbers not surveyed parcels — determination of which licence covered land taken by military — entitlement to compensation for Government acquisition — locus standi of administrator to continue deceased’s suit — burden of proof on counterclaim — limitation and valuation date for compensation.
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28 January 2026 |
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The appellant’s appeal was struck out for procedural defects; gift of intestate property invalid without letters of administration.
Civil procedure – Appeals to High Court – requirement to commence appeals by memorandum of appeal and within statutory time – necessity of extracted decree or final order on record; Succession law – intestate property – gifts by widow prior to grant of letters of administration invalid (Section 187 Succession Act).
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28 January 2026 |
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The court extended the applicants' expired letters of administration for two years after finding just cause.
Succession law – Renewal/extension of Letters of Administration – Section 337(4) Succession Act – requirement to show just cause – beneficiaries' consent – conditional extension requiring inventory and full account – costs awarded to administrators.
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27 January 2026 |
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Court extended the applicant's letters of administration two years due to a pending suit, ordering inventory and accounts.
Succession Act – Extension of Letters of Administration – Section 337(4) (pre-31 May 2022 grants) – "just cause" established by pending civil suit – requirement to file inventory and accounts – costs payable by administrator.
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27 January 2026 |
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Court allowed amendment to add fraud to trespass claim and permitted joinder despite non‑joinder at application stage.
Civil procedure – amendment of pleadings – adding related cause of action (fraud) to trespass claim permissible where it arises from same facts; joinder of parties – non‑joinder of intended defendants at amendment stage not fatal; computation of time – appeal from Registrar’s order within seven days where record requested within period stops time (s.79 C.P.A.); appeals from Registrar interlocutory orders (O.50 r.8 CPR).
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27 January 2026 |
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Applicants lacked locus to renew expired letters; letters became inoperative after co-administrator's death; application dismissed.
Succession Act – renewal of letters of administration – locus to apply – effect of death of joint administrator (s.230(2)(d)) – extension of pre-31 May 2022 grants (s.337(4)) – fitness of administrator – beneficiaries' consent – certificate of no objection from Administrator General.
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27 January 2026 |
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Appellant failed to prove prior possession; trial court correctly declared the respondent owner and the appeal dismissed.
Land law – ownership of customary unregistered land; burden and standard of proof in civil claims; evaluation of credibility and documentary authenticity; locus in quo observations; admission of improper evidence harmless under Evidence Act s.166.
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27 January 2026 |
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Time-bound denial of bail for alleged money laundering to protect public interest; prosecution ordered to be trial-ready.
Criminal law – Bail – Money laundering – balancing presumption of innocence and public interest – flight risk and adequacy of sureties – time‑bound denial and case prioritisation.
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27 January 2026 |
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Court validated an out-of-time memorandum of appeal, finding counsel's oversight excusable and good cause shown.
Civil Procedure — computation of time (Interpretation Act s.34) — Appeals — time limits and discretion to admit out-of-time appeals (Civil Procedure Act ss.79(1),96) — ECCMIS notifications and counsel vigilance — negligence of counsel not automatically imputed to litigant — land dispute importance warrants determination on merits.
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27 January 2026 |
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Unperfected gift inter vivos leaves land in the deceased’s estate; sale without letters of administration is invalid.
Succession law – gift inter vivos – completion during donor’s lifetime; Succession Act (letters of administration) – widow cannot validly dispose of intestate property; nemo dat quod non habet; conversion to administration cause; sale set aside.
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23 January 2026 |
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Local government officers unlawfully entered land and assaulted the owner, violating non‑derogable rights; damages awarded.
Property law – Trespass to land; Certificate of title conclusive proof of ownership; Physical Planning Act – enforcement notice and compliance period; Constitutional law – prohibition of torture, cruel, inhuman or degrading treatment (Articles 24, 44); Vicarious liability of local government; Damages and punitive liability for public officer.
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23 January 2026 |
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Court ordered resurvey of gazetted forest reserve after finding NFA’s acreage error and adjusted title boundaries.
Land law – validity of registered title overlapping a gazetted central forest reserve – statutory declaration SI No.63/1998 – boundary plan BP1631 – resurvey and GPS re‑establishment – remedy for erroneous public body plotting (NFA).
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23 January 2026 |
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Mortgagee entitled to sell by public auction and obtain eviction after complying with statutory notice requirements.
Mortgage law – legal mortgage registration – compliance with demand and notice requirements under the Mortgage Act – remedies of mortgagee including power of sale and entry into possession – sale by public auction – eviction for vacant possession – ex parte proceedings after substituted service.
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23 January 2026 |