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Citation
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Judgment date
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| 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 |
| January 2023 |
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31 January 2023 |
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A customary heir without letters of administration cannot sue to recover intestate land for trespass.
Succession law – requirement of letters of administration (s.191 Succession Act) before rights to intestate property may be established in court; Civil procedure – plaint must disclose cause of action and plaintiff must be in actual or constructive possession to sue in trespass; Locus standi – customary heir without letters lacks capacity to sue for recovery of intestate land unless possessing independent proprietary rights.
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31 January 2023 |
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The appellants failed to prove title; the respondent declared owner and ordered to cease nuisance and pay damages.
Land law – ownership dispute – application of parol evidence rule to written sale agreements; burden of proof in civil title disputes; private nuisance (sewage) – entitlement to damages; appeal – re-evaluation of evidence and correction of trial judgment.
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27 January 2023 |
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27 January 2023 |
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25 January 2023 |
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24 January 2023 |
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A caveat affords temporary protection only; an application for a permanent caveat is untenable and was dismissed.
Land law – Caveat – Nature of a caveat as a notice/statutory/interlocutory injunction; caveat provides temporary protection only; permanent caveat not available; caveator must institute ordinary action without undue delay.
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23 January 2023 |
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A caveat provides temporary, interlocutory protection; a permanent caveat is not an appropriate remedy.
Caveat – nature and effect – caveat is a notice/statutory interlocutory injunction giving temporary protection; caveator must bring ordinary action without undue delay; Permanent caveat – unavailable as a remedy; Procedure – improper reliance on Order 36(3) for a permanent caveat application.
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23 January 2023 |
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Court exercised inherent jurisdiction to set aside dismissal under Order 17 r.6(1) and reinstated the land suit.
Civil Procedure – dismissal under Order 17 r.6(1) – inherent jurisdiction to reinstate; sufficient cause – mediation and COVID‑19 disruption; res judicata where prior application withdrawn; preference for adjudication on merits; costs in the cause.
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23 January 2023 |
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Stay pending appeal dismissed as premature where decree-holder had taken no steps to execute the decree.
Civil procedure – Stay of execution pending appeal – Order 43 r.4 – appeal does not automatically stay execution – applicant must show notice of appeal, risk of substantial loss, no unreasonable delay, security for due performance – applicant must also show visible steps by decree-holder to execute (extraction of decree, bill of costs) – premature application where no execution steps taken – dismissed with costs.
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23 January 2023 |
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Applicant granted extension to file defence where delay excused by reliance on counsel and administrative processes.
Civil procedure – Extension of time – Order 51 r.6 & s.98 Civil Procedure Act – "sufficient cause" – reliance on counsel and administrative processes – mistake of counsel not always visited on client – triable issue whether interdiction lifted before suit.
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23 January 2023 |
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Court granted interlocutory injunction restraining administrators from dealing with estate pending trial.
• Civil procedure – interlocutory injunctions: requirements of prima facie case, irreparable injury, and balance of convenience; • Effect of letters of administration on interim relief; • Preservation of subject matter/status quo pending substantive determination; • Appellate review of registrar's rulings under Order 50 Rule 8.
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23 January 2023 |
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23 January 2023 |
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Applicant granted leave to defend due to bona fide triable disputes over a blank cheque and disputed repayments.
Civil procedure – Order 36 leave to defend – Requirement to show bona fide triable issue of fact or law – Dispute over loan amount, payments and a blank signed cheque – Procedural directions for filing written statement of defence and reply.
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23 January 2023 |
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Plaintiff’s false title/logbook representation held fraudulent; defendant still owes balance but recovers damages.
Contract law – sale of goods; Evidence Act ss.91–92 (parol evidence rule and exceptions) – admissibility of antecedent/condition‑precedent oral agreement; Misrepresentation and fraud – seller’s false representation of title/logbook; Indemnity for third‑party claims; Assessment and reconciliation of payments; Damages for fraudulent misrepresentation.
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23 January 2023 |
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23 January 2023 |
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Petitioner failed to prove substantial non-compliance; election upheld and petition dismissed with costs.
* Election law – burden and standard of proof – petitioner must prove non-compliance and substantial effect on result (high degree of probability).
* Affidavit evidence – recanting witnesses and Rule 19 issues – recanting affidavits rejected as not credible where contradictory and uncorroborated.
* Evidence requirements – importance of original voters’ registers, appointment of agents, and contemporaneous complaints when alleging polling irregularities.
* Presence of security and minor disturbances – lawful police intervention does not automatically vitiate an election.
* Remedies – where non-compliance not shown to be substantial, election will not be nullified.
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20 January 2023 |
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20 January 2023 |
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20 January 2023 |
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19 January 2023 |
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19 January 2023 |