|
Citation
|
Judgment date
|
| November 2024 |
|
Contempt of court—Receivership—preliminary & detailed account reports—Insolvency Act—compliance with Court Orders—good faith—punitive sanctions—Consequential orders—costs—non-compliance
|
29 November 2024 |
Customary law—election of cultural leaders—declaratory Orders—self-executing Orders—injunctions—stay of execution pending appeal—mandatory conditions for stay of execution—substantial loss—imminent threat of execution—declaratory judgments—judicial discretion—consequential Orders—balance of hardship—appeal nugatory—procedural fairness
|
29 November 2024 |
|
|
28 November 2024 |
|
|
28 November 2024 |
|
|
28 November 2024 |
Negligence—ex parte proceedings—failure to tender evidence—witness statements—Order 18 Rule 5A CPR—procedural irregularities—judicial discretion—retrial ordered—nullification of judgment—miscarriage of justice—failure to formally adopt witness evidence—upholding procedural fairness in trials
|
28 November 2024 |
|
|
27 November 2024 |
|
|
26 November 2024 |
Judicial review—internal remedies—exhaustion of statutory appeal process—section 57 Cap 262—status quo preservation—dismissal of university staff—appointment and tenure—stay of execution—injunction—prohibition—balance of convenience—substantial loss—irreparable injury—abuse of court process—mootness doctrine—statutory mandate—appeal rights—costs.
|
25 November 2024 |
|
|
25 November 2024 |
|
|
25 November 2024 |
|
|
25 November 2024 |
|
|
25 November 2024 |
|
|
25 November 2024 |
|
|
25 November 2024 |
|
|
25 November 2024 |
|
|
25 November 2024 |
|
|
21 November 2024 |
|
Appellant's inconsistent pleadings and weak evidence led to dismissal and affirmation of the trial court's land ownership finding.
Civil procedure – time to appeal – Section 79(1) and 79(2) Civil Procedure Act – certified copy request freezes appeal period; Evidence – land ownership disputes – assessment of oral testimony, locus in quo and sketch map; Evidence – documentary exhibits must show attributes of ownership/possession to be probative; Pleadings – party bound by pleadings (Order 6 Rule 7 CPR) and departure from pleadings undermines credibility; Evaluation of credibility – consistency of witnesses and contradictions in defence.
|
19 November 2024 |
|
Applicant failed to prove title; respondent established ownership, caretaker status revoked, eviction, damages and costs affirmed.
Land law – proof of title and authenticity of conveyancing documents; forgery and invalid chain of title; caretaker/trustee versus owner; revocation of caretaking and actionable trespass; locus in quo — evidential role and non-fatal irregularity; award of general damages; eviction procedure and compliance with Practice Directions; costs follow the event.
|
14 November 2024 |
|
|
14 November 2024 |
|
Appellate court set aside magistrate’s decision, holding respondent failed to prove title and appellant’s possessory ownership upheld.
Civil procedure – grounds of appeal – generality of grounds – Order 43 rule 1(2) – striking out vague grounds; Limitation Act – s.5 and accrual of cause of action – claim within 12 years where plaint pleads trespass in 2012; Evidence – appellate re‑evaluation of witnesses – contradictions in pleadings and testimony; Property law – possession as prima facie evidence of title – burden on plaintiff to prove better title; Relief – setting aside trial judgment, dismissal, declaration of possessory ownership, costs.
|
14 November 2024 |
|
|
14 November 2024 |
|
Whether a purchaser without title can convey ownership and whether the second appellant committed trespass.
Land law – proof of ownership – admissibility and weight of sale and tenancy agreements (PE1, PE2) – recurring tenancy continues until valid notice of termination. Limitation – recovery of land – cause of action accrues on dispossession; trespass is a continuing tort. Transfer of title – nemo dat quod non habet: purchaser cannot acquire better title than vendor; sale from person without title is void. Trespass – claimant must prove unlawful entry or acts on land; mere reporting to police insufficient to establish trespass. Evidence – re-evaluation on first appeal where trial court findings tested against documentary and witness evidence.
|
14 November 2024 |
|
Respondent’s ownership upheld; 1st appellant’s purchase void for lack of title; 2nd appellant wrongly declared trespasser.
Land law – acquisition and proof of title – admissibility and effect of a tenancy agreement and sale agreement; Limitation Act – cause of action for recovery of land and continuing trespass; nemo dat – purchaser from person without title cannot acquire better title; trespass – requirement of actual entry or acts on land to constitute trespass; appellate re-evaluation of facts and evidence.
|
14 November 2024 |
|
Respondent’s purchase under recurring tenancy upheld; 1st appellant’s purchase from a person without title void; 2nd appellant wrongly declared trespasser.
Land law – proof of title – sale under recurring tenancy – tenancy continuing year-to-year until valid notice of termination – nemo dat ( purchaser cannot acquire better title than vendor ) – limitation Act (12 years) and continuing trespass – appellate re-evaluation of evidence – wrongful declaration of trespass against non-entrant – costs.
|
14 November 2024 |
|
|
14 November 2024 |
Civil Procedure—setting aside consent judgment—fraud—abuse of court process—estoppel—Advocate’s authority and conduct—Advocates (Professional Conduct) Regulations—client liability for advocate’s actions while holding brief
|
14 November 2024 |
|
|
14 November 2024 |
|
Applicant failed to prove all statutory conditions for a vesting order over registered land held in tenancy in common, so application dismissed.
Land law – Registration of Titles Act s.151 – vesting orders – conditions for grant: registered land; full purchase price paid; possession and vendor's acquiescence; transfer unexecuted because vendor dead or unavailable – tenancy in common prevents sole vesting absent evidence of other co‑owner’s divestiture.
|
11 November 2024 |
|
Whether delay in obtaining the trial record and COVID‑19 lockdowns amount to sufficient cause to allow an appeal out of time.
Civil procedure — extension of time — leave to appeal out of time — sufficient cause — delay in provision of certified trial record — COVID‑19 lockdowns as impediment — defective/premature memorandum of appeal struck out — costs: each party to bear own.
|
11 November 2024 |
|
|
8 November 2024 |
|
A non-party must prove legal grievance and sufficient nexus to seek review of a consent judgment allegedly affecting their land rights.
Civil procedure – review and setting aside of consent judgment – locus standi of non-party – requirements for establishing legal grievance – effect of parallel proceedings on consent orders – sufficiency of evidence to set aside consent judgment for fraud or collusion.
|
8 November 2024 |
|
|
8 November 2024 |
|
|
8 November 2024 |
|
|
8 November 2024 |
|
Appellate court found appellant lawful owner after re-evaluation, set aside trial judgment, ordered eviction and costs.
Land law – Boundary and title disputes – Possession versus proof of title – Validity of testamentary document under Succession Act s.50 – Re-evaluation of evidence on appeal – Remedies: declaration of ownership, injunction, vacant possession and eviction – Costs.
|
7 November 2024 |
|
|
7 November 2024 |
|
Claim to recover land dismissed as time-barred; amendment Rules did not apply retroactively.
Civil Procedure – commencement of statutory instrument – where no commencement date specified, commencement is date of Gazette publication (Interpretation Act s.17). Civil Procedure – summons for directions under CPR (Amendment) Rules 2019 – not applicable to suits filed before Rules’ commencement. Limitation – recovery of land – s.5 Limitation Act: 12-year bar applies; causes of action pleaded as arising in 1999 render 2019 suit time-barred. Limitation exceptions – allegations of fraud must be specifically pleaded with circumstances to displace limitation (Limitation Act s.25).
|
7 November 2024 |
|
A court may deny costs to a successful party to promote reconciliation given parties’ historical relationship and conduct.
Civil procedure — Costs — Discretion under section 27(1) Civil Procedure Act — Costs generally follow the event but may be denied for good cause — Promotion of reconciliation and pre-existing party relationship as legitimate factor in denying costs.
|
7 November 2024 |
|
Appeal allowed: appellant proved ownership; claim timely; respondent declared trespasser and ordered evicted with damages.
Land law – ownership dispute – evidence evaluation and burden on balance of probabilities. Limitation – cause of action accrual – pleadings determine when time begins to run under the Limitation Act. Succession evidence – requirements for a valid will (signature, witnesses, chain of custody) and evidential weight. Remedies – declaration of title, vacant possession, eviction, permanent injunction, general damages and costs.
|
7 November 2024 |
|
Undue delay and lack of satisfactory explanation justified refusal to amend pleadings or re-open the case.
Civil procedure – amendment of pleadings – Order 6 r 19 CPR – amendments allowed freely but subject to considerations: prejudice, undue delay, mala fides and fundamental change to the suit. Re-opening of case – discretionary – fresh evidence considered only where relevance, explanation for lateness, compatibility with pleadings and absence of prejudice established. Locus in quo and post‑hearing applications – late applications to fill gaps revealed at trial may be denied as mala fide and prejudicial.
|
7 November 2024 |
|
Grant revoked as inoperative due to deaths and insanity of co‑administrators; new grant and two‑year extension issued to surviving administrators.
Succession law – revocation of letters of administration – grant useless or inoperative where co-administrators die or become mentally incapable; re‑grant to surviving fit and proper administrators; extension of administration period.
|
6 November 2024 |
|
|
4 November 2024 |
|
|
4 November 2024 |
|
|
4 November 2024 |
|
|
4 November 2024 |
|
|
4 November 2024 |
|
|
4 November 2024 |