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Citation
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Judgment date
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| April 2023 |
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28 April 2023 |
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26 April 2023 |
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Sale conducted without lodgement of titles and based on set‑aside ex parte judgment was illegal; titles cancelled and ownership restored.
Land law – Execution and sale of immovable property – Mandatory requirement to lodge duplicate or special certificate of title before sale (Section 48 Civil Procedure Act) – Noncompliance renders sale void ab initio – Effect of execution based on set‑aside ex parte judgment – Cancellation of irregularly issued special certificates and restoration of title.
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26 April 2023 |
Land Law—Certificate of title—cancellation by Commissioner—power under Section 91 of Land Act—error in issuance—existing court order—second title improperly issued—no fraud found—bona fide purchaser claim irrelevant—notice duly served—fair hearing satisfied—appeal dismissed
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26 April 2023 |
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Respondent’s possession (not registered title) established trespass; appellants’ customary claim extinguished by long adverse possession.
Civil procedure – first appeal duties to re-hear and re-appraise evidence; Land law – trespass to land requires proof of possession (actual or constructive) not necessarily registered title; Possession established by enclosure and continuous, open, exclusive acts; Customary land rights extinguished by long inaction, adverse possession and laches.
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23 April 2023 |
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20 April 2023 |
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20 April 2023 |
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19 April 2023 |
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Court found the first respondent in civil contempt, struck him from the suit and sentenced him to three months' imprisonment.
Contempt of court — civil contempt — elements: existence of lawful order, knowledge, disobedience; service and proof of knowledge; land searches — registers public; sanctions for contempt — striking out, committal to civil prison; preservation of administration of justice.
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18 April 2023 |
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Applicant’s application granted: land recovery claim rejected as time-barred under the Limitation Act.
Limitation Act (Cap 80) – accrual of right of action on dispossession – s5 and s6 – adverse possession – plaint liable to rejection under Order 7 r11(d) where suit to recover land is time-barred.
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18 April 2023 |
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Defendant found a lawful occupant of 3.98 acres; plaintiffs’ trespass claim dismissed for failure to conduct due diligence.
* Land law – trespass – requirement that claimant be in possession to sue in trespass; * Lawful/bonafide occupant (kibanja) – protection of existing interests against subsequent registered title; * Purchaser’s due diligence – visible structures/occupants impose duty to inquire; * Evidence and survey conflict – measurement and credibility determinations; * Relief – dismissal, limitation of activities to measured lawful occupation, costs.
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18 April 2023 |
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Consent judgment signed by the appellant without translation or certificate was void; matter remitted for retrial.
Family law – Consent judgment – Validity where signed by an illiterate without translation or certificate – Requirements of the Illiterates Protection Act; Civil procedure – Appeal from dismissal of application to set aside consent judgment – appealability and time limits; Remittal for retrial before different judicial officer.
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18 April 2023 |
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Application dismissed for late service of chamber summons and improper procedural route against ex parte taxation.
Civil procedure — service of chamber summons — Order 5 r1(1)-(3) — late service (two and a half years) without extension renders application incompetent; Taxation of costs — ex parte taxation — remedy is application to set aside under Order 9 r27 (not appeal); Advocates’ remuneration regulations — dispute over applicability of SI No.7 of 2018 left undetermined due to procedural disposal.
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18 April 2023 |
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Appellant failed to prove assault or that the respondents caused his unlawful arrest; appeal dismissed with costs.
Civil appeal – burden of proof on balance of probabilities – identification evidence at night – alibi defence shifts evidential burden – reporting suspected offence to police lawful – police discretion and arrest powers under Police Act and Constitution – unlawful arrest claim requires concrete proof of causation.
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8 April 2023 |
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Appellate court quashed judgment and ordered retrial because a defendant’s evidence was not heard, denying a fair trial.
Land law – title and possession – appellate review of trial proceedings; Civil procedure – amendment of pleadings – requirement of proof of filing; Right to fair hearing – failure to receive defendant’s evidence and absence of recorded reasons vitiates trial; Appellate powers – quash judgment and order retrial under s.80 Civil Procedure Act.
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5 April 2023 |
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Appellant estopped from denying broker’s apparent authority; respondent acquired good title to the disputed unregistered plot.
Land law – ownership of unregistered land; Agency – express, implied and apparent authority; Estoppel – Section 114 Evidence Act; Burden of proof – balance of probabilities in civil land disputes; Evidentiary weight of local council testimony and public advertisement in establishing agency and notice.
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1 April 2023 |
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Arrest of an unregistered attorney did not excuse non-attendance; five days' notice sufficed; ex parte taxation set aside.
Civil procedure – setting aside ex parte judgment; sufficiency of cause for non-attendance; Power of Attorney – registration requirement under Registration of Documents Act and Registration of Titles Act; Service of hearing notices – adequacy of five days’ notice; Taxation of costs – irregular ex parte taxation set aside and re-taxation ordered interparty.
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1 April 2023 |
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A presidential directive eliminating an unlawful local taxation frustrated the contract; no damages or costs awarded to the applicant.
* Constitutional law – presidential directives – exercise of presidential duty to protect citizens' property under Article 26.
* Contract law – discharge by operation of law/frustration where underlying scheme is illegal or oppressive.
* Illegality – unenforceability of contracts based on unlawful taxation or oppressive local revenue schemes.
* Damages and costs – no entitlement where contract is frustrated/illegal.
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1 April 2023 |
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An administrator of one estate cannot lawfully be registered as administrator of a different estate; such registration and dealings are unlawful.
• Succession law – letters of administration are estate-specific; administrator of one estate has no authority over another estate.
• Registration of Titles – certificate of title shows ownership but registration obtained using incorrect letters of administration may be unlawful.
• Remedies – High Court may order cancellation of improperly created certificates of title, award damages and injunctive relief; appointment of administrators must follow statutory procedure.
• Evidence – lack of pleaded particulars of fraud does not prevent finding registration unlawful where title history and statutory principles show impropriety.
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1 April 2023 |