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Citation
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Judgment date
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| February 2023 |
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Appellate court affirms trial finding that the appellant blocked a public access road; appeal dismissed with costs.
Civil appeal — appellate duty to reevaluate evidence — trial court advantage of seeing and hearing witnesses; Evidence — locus in quo inspection and witness testimony as basis for finding obstruction of a public access road; Credibility — conflicting witness accounts assessed and weighed; Procedural irregularity — minor mislabelling of witnesses not necessarily fatal to judgment.
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28 February 2023 |
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Appellate court upheld respondent’s title based on family gift document and locus visit, dismissing the appeal.
Land dispute – locus inquo compliance and sketch plan; boundary identification – stone versus ridge/trees; credibility of witnesses; family meeting record as evidence of gift of land; insufficiency of sale agreements lacking boundaries or proper witnessing.
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28 February 2023 |
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A contemnor may be heard and a stay of execution granted where execution threatens to render a pending appeal nugatory.
Stay of execution — discretion to hear contemnor — contemnor need not always purge contempt before being heard — competency of notice of appeal for strike-out under appellate rules — stay where serious threat of execution may render appeal nugatory.
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28 February 2023 |
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A later suit re-litigating matters settled by a consent decree is barred by res judicata and the Limitation Act.
Civil procedure – res judicata – claim and issue preclusion where same parties and identical issue resolved by earlier competent court. Consent judgment/memorandum of settlement – binding and enforceable once endorsed by court; can only be set aside on grounds that vitiate agreement. Limitation – action upon a judgment barred after twelve years under s.3(3) Limitation Act.
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28 February 2023 |
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A plaint under Article 50 must plead a specific constitutional right infringement; failure to do so warrants dismissal as disclosing no cause of action.
Constitutional litigation — Article 50 — Claim must plead infringement or threat to a specific fundamental right or freedom; general regulatory complaints insufficient. Civil procedure — Preliminary objection/strike out — Pleading must disclose a cause of action; plaint failing this ground is liable to dismissal. Administrative law — Exhaustion of statutory/administrative remedies — Where specific procedures exist for removal of road encroachments, those remedies should be pursued before court action. Roads law — Statutory powers of roads authority to manage road reserves and remove obstructions.
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28 February 2023 |
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Mortgagee who complied with statutory default procedures entitled to vacant possession, eviction of mortgagor, and costs.
Mortgage law – Mortgage Act – compliance with Section 19 default notice requirement and exercise of remedy of sale under Section 20(e). Possession – entitlement of mortgagee to vacant possession and to evict mortgagor/agents after lawful sale to purchaser for value. Civil procedure – uncontested averments – effect of defendant’s failure to file reply or appear; costs awarded to successful party.
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28 February 2023 |
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Mortgagee entitled to vacant possession and eviction after statutory default notice and sale; costs awarded to mortgagee.
Mortgage law – Mortgage Act s.19 compliance and s.20 sale; entitlement to vacant possession and eviction; ex parte determination where defendant defaults; costs under Civil Procedure Act s.27.
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28 February 2023 |
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Applicant failed to show a bona fide triable issue or particularised defence to resist enforcement of a loan debt.
Civil procedure – Section 98 CPA, Order 36 r.2 and Order 52 r.1 & r.3 – leave to appear and defend; requirement of a bona fide triable issue and a defence pleaded with particularity; loan agreement enforcement – proof of payments and computation of interest and penalties; failure to rebut documentary evidence.
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28 February 2023 |
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27 February 2023 |
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An appeal filed beyond the 30‑day statutory period without good cause is incompetent and dismissed.
Appeals – Civil Procedure Act s.79 – time for filing memorandum of appeal – requirement to take essential steps to prosecute appeal – good cause for extension – incompetence of late-filed appeal.
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27 February 2023 |
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25 February 2023 |
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24 February 2023 |
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22 February 2023 |
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21 February 2023 |
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21 February 2023 |
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21 February 2023 |
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21 February 2023 |
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21 February 2023 |
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21 February 2023 |
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21 February 2023 |
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21 February 2023 |
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21 February 2023 |
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21 February 2023 |
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Applicant’s displeasure over estate distribution and alleged non‑compliance does not justify setting aside a consent judgment.
Civil procedure – Consent judgment – Setting aside or variation – Grounds required include fraud, mistake, misrepresentation or contravention of court policy; mere dissatisfaction with distribution or alleged non‑compliance insufficient. Property law – Restrictive covenants and prior interlocutory rulings may affect available remedies regarding estate land and compensation. Procedural – Failure to file directed written submissions may inform the court’s approach to costs.
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21 February 2023 |
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21 February 2023 |
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21 February 2023 |
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21 February 2023 |
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21 February 2023 |
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21 February 2023 |
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21 February 2023 |
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21 February 2023 |
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21 February 2023 |
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21 February 2023 |
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Consent nullifying letters of administration did not void respondent’s prior bona fide purchase; appellant held a trespasser and appeal dismissed.
Succession law – administrators’ powers and sales – validity of sales by court‑appointed administrators to third parties prior to surrender/nullification of Letters of Administration. Civil procedure – effect of a consent judgment – retrospective effect and binding nature vis‑à‑vis non‑parties. Property law – trespass – requirement to seek judicial determination of competing title before self‑help. Damages – appellate interference – award of general damages not disturbed absent inordinate error. Pleading – need to plead particulars of fraud when relying on allegations to impeach transactions.
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16 February 2023 |
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Whether land used as the matrimonial home required spousal consent before inter vivos sale to a third party.
Land law – Matrimonial/family property – Whether spousal consent required under s.39(1)(c)(i) of the Land Act for inter vivos disposal of land ordinarily occupied as a matrimonial home. Evidence – Proof of separation/divorce – separation without court order does not confer sole proprietorship; statutory declarations must be reliable. Purchaser’s duty – Caveat emptor; intending purchaser must ascertain vendor’s ability to dispose of matrimonial property. Appeal – Re-appraisal of evidence by first appellate court where trial magistrate mis-evaluated testimony.
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16 February 2023 |
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Applicant entitled to consequential orders under s.177 RTA to cancel a registered title and be registered as proprietor.
Registration of Titles Act, s.177 – Consequential order following recovery of land by proceedings – court may direct registrar to cancel or substitute entries on certificate of title. Procedure – Ex parte proceedings – effect of respondent’s failure to file affidavit in reply and attend hearings – disentitlement to be heard but burden of proof remains on applicant. Evidence Act, s.102 – burden and standard of proof (balance of probabilities) in civil proceedings. Authorities – Re Ivan Mutaka; Andrea Lwanga v Registrar of Titles – requirement of judgment for recovery before rectification under RTA. Remedies – recall and cancellation of duplicate certificate; entry of applicant’s name; issuance of new/special certificate if duplicate not returned.
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16 February 2023 |
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15 February 2023 |
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An applicant may challenge estate administration despite delay where administration remains open; preliminary objection dismissed.
Limitation Act (Sections 5 & 20) – estate claims – applicability where administration remains open; Challenge to Letters of Administration – administrators’ duties and accountability; Succession Act non‑retrospective – two‑year administration cap not absolving prior grantees; Purposive interpretation and equitable/constitutional considerations favor allowing challenges while administration incomplete.
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14 February 2023 |
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Court finds plaintiff lawfully purchased land, defendants trespassed, registrar’s delay unjustified; reliefs including rectification and damages granted.
Land law – proof of purchase where original sale agreement lost – admissibility of certified copies and secondary evidence; Fraud – high standard and requirement to attribute to the transferee; Trespass – unauthorized entry and dispossession during pending administrative decision; Administrative delay – Commissioner, Land Registration’s duty to decide rectification applications within reasonable time; Remedies – declaration of title, injunction, rectification order, eviction, mesne profits, special, general and exemplary damages, interest and costs.
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13 February 2023 |
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13 February 2023 |
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9 February 2023 |
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9 February 2023 |
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9 February 2023 |