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Citation
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Judgment date
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| September 2019 |
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A beneficiary whose parent died before distribution has locus standi; administrators’ unauthorized sales breach fiduciary duty and are recoverable from knowing purchasers.
Succession law – locus standi of beneficiaries – section 191 procedural not jurisdictional; Fiduciary duties of administrators – duty of loyalty and care; Disposal of estate property without beneficiaries’ consent – breach of duty; Third-party liability – knowing participation/constructive notice; Tracing and proprietary remedies to recover estate property; Trespass by encroaching fence; Limitation – six-year period runs when beneficiary’s interest vests.
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26 September 2019 |
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Where statutory planning appeals exist, parties must exhaust them before subordinate courts; failure to do so bars judicial review.
Administrative law – Physical Planning Act, 2010 – statutory internal appeal hierarchy – exhaustion of administrative remedies – ouster of subordinate civil court jurisdiction in planning disputes – exceptions (fundamental rights, natural justice, lack of jurisdiction) – jurisdiction to hear private law claims.
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26 September 2019 |
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Whether a title over land offered after an expired lease is vitiated by illegality and legitimate expectation.
Land law – expiry of lease and holding over; legitimate expectation and equitable interest; locus in quo inspections discretionary; title vitiated by illegality; duty to hear sitting occupants before alienation.
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26 September 2019 |
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Conviction for stealing a vehicle by conversion upheld; evidential burden to prove authority lay on appellant; sentence reduced for remand.
* Criminal law – Stealing a motor vehicle – offence may be committed by conversion where a person with lawful access disposes of vehicle without authority.
* Evidence – Burden of proof – evidential burden on accused to raise defence of authority/permission; persuasive burden remains with prosecution.
* Sentencing – discretionary exercise; remand period must be taken into account; appellate interference only if illegal, wrong principle, material factor ignored, or manifestly excessive.
* Compensation – Section 197 Magistrates Courts Act – summary compensatory orders permissible but must be evidence-based, reasonable and accompanied by reasons.
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26 September 2019 |
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Appeal dismissed where locus in quo and corroborative evidence supported respondents' ownership and no miscarriage of justice occurred.
Land law – ownership and possession – conflicting oral testimony – role of locus in quo and corroborative physical evidence; Title evidence – expired lease as prima facie evidence of customary ownership; Civil procedure – appellate scrutiny of findings of fact; Evidence Act s.166 – improper admission may be disregarded if decision justified on other evidence.
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26 September 2019 |
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24 September 2019 |
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Physical features at the locus in quo prevail for boundary determination; sketch maps are demonstrative and procedural irregularities harmless absent miscarriage.
Land law – locus in quo and sketch maps: demonstrative evidence only; Evidence – improper admission at locus in quo may be disregarded if harmless (s.166 Evidence Act); Civil procedure – procedural defects ("Draft Memorandum") may be cured in the interest of justice and pleadings may be amended to determine real questions in controversy; Boundary disputes – physical features on inspection prevail over inconsistent verbal descriptions; Trespass – possession by inheritance and trespass proved by respondent.
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12 September 2019 |
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Appellant proved customary/user rights and trespass; locus in quo irregularity non-fatal — appeal allowed and remedies granted.
Land law — Customary communal tenure vs limited private user-rights; locus in quo procedure — evidence recording requirements; cause of action for recovery of land and trespass; proof of conversion of communal land and community regulation; remedies: declaration, vacant possession, injunction, damages.
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12 September 2019 |
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Acholi customary intestacy and lack of sub-county title defeat purchasers' claims; appeal dismissed and costs awarded.
Evidence — judicial notice — courts may take judicial notice of customary practices; Limitation — recovery of land — 12-year period and adverse possession; Customary law — Acholi intestacy: re-allotment/user rights, not absolute alienation; Land law — nemo dat quod non habet — sub-county without title cannot transfer land; Purchasers of unregistered land — constructive notice and duty of due diligence.
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12 September 2019 |
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A private mediated boundary settlement can bind parties and their privies and preclude subsequent land claims.
Land law - locus in quo procedure — witnesses must be sworn, available for cross-examination and narrative record required; Mediation — admissibility and enforceability of private mediated settlement; Res judicata/privies — a mediated boundary settlement can bind parties and their privies and bar relitigation; Evidence — material contradictions may undermine credibility and justify overturning trial findings; Remedies — declaration, vacant possession, injunctions, damages, interest and costs.
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12 September 2019 |
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Disputed overlapping registered parcels are primarily a survey issue; court ordered re‑survey and possible rectification of title.
Land law – Overlapping title descriptions – survey issue not pure title dispute; rectification of register for mistaken overlapping entries; part‑parcel adverse possession requirements; priority of registered interests (race, notice, race‑notice); necessity to re‑open boundaries and re‑survey to protect Torrens system integrity.
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12 September 2019 |
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Respondents failed to prove better title; defective locus-in-quo procedure was not prejudicial and appeal succeeded.
* Civil procedure – locus in quo – procedural requirements: sworn demonstration, opportunity for cross‑examination, and narrative recording of observations.
* Evidence – demonstrative evidence at locus in quo has no independent evidentiary value; it illustrates witness testimony.
* Land law – possession versus title: plaintiff must prove a better title; possession is good against all but a person with superior title.
* Appellate review – re‑evaluation of evidence and interference where trial court reverses burden or overlooks material features.
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12 September 2019 |
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Appellate court upheld trial finding of respondent’s ownership based on credible testimony and locus inspection; appeal dismissed.
* Evidence – assessment of credibility and weight – appellate re-appraisal of oral testimony and physical evidence from locus in quo.
* Land law – ownership dispute – role of locus in quo inspection and physical markers in resolving competing possession claims.
* Damages – trespass – appellate interference only where award is inordinately high/low or founded on wrong principle.
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12 September 2019 |
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A grant procured by false statements and inadequate notice can be revoked and replaced; culpable administrator may pay costs.
Succession law – Revocation of letters of administration for fraudulent statements or concealment; failure to notify beneficiaries as just cause; grant de bonis non – factors: consanguinity, nature of interest, safety of estate and probability of proper administration; administrator’s personal liability for costs where conduct is reprehensible.
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12 September 2019 |
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Long, acquiescent occupation recognizing a road as the common boundary established respondents' possession; appeal dismissed.
* Land law – Boundary determination – long, acquiescent and undisturbed occupation as evidence of boundary; physical features (road) can become true boundary by recognition and acquiescence after long use. * Property – Unregistered customary holdings – possession, homesteads, graves and cultivation as proof of title and exclusive occupation. * Civil procedure – Appeal – re-appraisal of evidence by first appellate court and weight to locus in quo observations.
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12 September 2019 |
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Applicant obtained setting aside of ex‑parte decree due to lack of hearing notice and misrepresentation.
Civil procedure – Setting aside ex‑parte judgment – Discretion to set aside for inadvertence/excusable mistake; not for deliberate evasion; Order 9 rr.10 & 11 (service and hearing notice) in non‑liquidated claims; appellate re‑hearing where trial overlooked material procedural defects.
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12 September 2019 |
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Court granted mandamus compelling government to pay a taxed judgment debt or provide a bank guarantee, with costs.
* Administrative law – mandamus – enforcement of taxed costs against the State – Certificate of Taxation/Certificate of Order as trigger for payment obligation under Section 19 Government Proceedings Act. * Civil procedure – ex parte proceedings – unchallenged affidavit evidence – relief by judicial review under Section 37 Judicature Act. * Public finance – Treasury Officer of Accounts’ duty to satisfy court decrees; alternative of bank guarantee to secure judgment debt.
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11 September 2019 |