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Citation
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Judgment date
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| August 2025 |
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Failure to file a record of appeal and non-appearance of counsel did not warrant dismissal of a High Court civil appeal.
Civil procedure – preliminary objection – failure to file record of appeal – want of prosecution – non-appearance of counsel – sufficient cause – discretion to dismiss appeal – right to be heard – Order 43 Civil Procedure Rules.
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29 August 2025 |
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A person charged with aggravated defilement was granted bail after court found sufficient proof of residence and suitable sureties.
Criminal procedure – bail application – aggravated defilement – presumption of innocence – sufficiency of sureties – risk of abscondment – fixed place of abode – conditions for grant of bail – balancing rights of accused and interests of justice.
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28 August 2025 |
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Appeal allowed: disputed parcel held to be a gift inter vivos to deceased’s son; widow and children are owners, lower court judgment set aside.
Property law – gift inter vivos – exclusive occupation and user as evidence of a gift; succession – whether land formed part of intestate estate; evidentiary weight of family meeting minutes not attended by donor; appellate re-evaluation of factual findings.
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28 August 2025 |
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Bail was denied to the applicant charged with murder due to risk of witness interference arising from his influential community position.
Criminal procedure – Bail – Murder charge – Discretion of court to grant bail – Substantiality of sureties – Risk of interference with witnesses – Community influence of accused as ground for denial.
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28 August 2025 |
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Court declined to strike out suit for limitation or lack of cause of action where fraud allegations required evidence at trial.
Civil procedure – preliminary objections – limitation of actions based on fraud – cause of action – summary dismissal – whether disputed facts and fraud allegations can be determined summarily – approach to striking out plaints as frivolous or vexatious.
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28 August 2025 |
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Court denied bail for a rape accused due to insufficient proof of a fixed place of abode despite substantial sureties.
Criminal procedure – bail application – fixed place of abode – substantial sureties – discretion of the court in bail for serious offences – presumption of innocence – right to liberty – interest of justice.
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28 August 2025 |
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Bail was denied in a capital offence case due to the applicant’s failure to show exceptional circumstances and present credible sureties.
Criminal procedure – bail – aggravated defilement – requirement for exceptional circumstances in capital offences – presumption of innocence – credible sureties – exercise of judicial discretion.
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28 August 2025 |
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No prima facie case of aggravated defilement where only investigating officer’s hearsay evidence was presented.
Criminal law – Aggravated defilement – prima facie case – requirement for direct evidence from victim/eyewitnesses – limits of investigating officer’s hearsay evidence under s.59 Evidence Act – necessity of medical and identity evidence.
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28 August 2025 |
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Court granted consequential parcel‑specific eviction and demolition orders after compensation deposit and unopposed application.
* Land acquisition – EACOP project – deposit of compensation in court; * Consequential orders – purpose is to give effect to earlier judgment, no re‑examination of evidence; * Specificity of orders – court may issue parcel‑specific eviction/demolition orders to operationalise a general order; * Service and unopposed application – supports grant of relief; * Permanent injunction and costs (each party bears own).
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27 August 2025 |
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Registrar must refer matters outside their jurisdiction to a judge rather than dismissing for want of jurisdiction.
Civil procedure – Registrar’s jurisdiction – Dismissal for want of jurisdiction – Referral to judge under Order 50 rule 7 – Special and exemplary damages – Consent judgment – Appropriate procedure when Registrar lacks jurisdiction.
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27 August 2025 |
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A Magistrate Grade 1 court may divide matrimonial property in African divorce cases regardless of property value pecuniary limits.
Family law – Divorce – Magistrate’s court jurisdiction – Matrimonial property – Pecuniary limits – Child maintenance – Best interests of the child – Custody and visitation rights.
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27 August 2025 |
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A registered proprietor's title prevails against unproven ancestral or customary claims, barring sustainable allegations of fraud.
Land law – Registered ownership – Certificate of title as conclusive evidence – Challenge to title on grounds of alleged fraud – Customary tenure and effect of repealed Land Reform Decree – Limitation of actions – Family dispute and remedies.
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27 August 2025 |
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Application to consolidate a dismissed lower court suit with a pending High Court suit and amend defence was dismissed for non-compliance with procedural requirements.
Civil procedure – consolidation of suits – requirement that suits be pending in the same court – effect of prior dismissal of a suit for lack of jurisdiction – amendment of pleadings – necessity of timely filing counter-claim and attaching proposed amendment.
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27 August 2025 |
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Failure to file a memorandum of appeal within 30 days renders the High Court appeal incompetent; notice alone is insufficient.
* Civil procedure – Appeal from Magistrate to High Court – Memorandum of appeal mandatory under Order 43 r.1(1) and s.79(1)(a) CPA; Notice of Appeal insufficient; late filing without leave incompetent; striking pleadings and costs.
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26 August 2025 |
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An appeal filed beyond the 30‑day statutory period without an extension is incompetent and is struck out with costs.
Civil procedure – Appeals – Limitation under Section 79(1) Civil Procedure Act – Appeal filed out of time without court order – Appeal incompetent and struck out – Preliminary objection on point of law to be determined before merits.
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26 August 2025 |
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A losing claim to land inheritance without letters of administration cannot defeat a trespass judgment based on proven ownership.
Land law – trespass to land – determination of ownership – assessment of damages for trespass – necessity of grant of letters of administration for inherited claims – appellate review of factual findings.
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26 August 2025 |
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An appellant's claim to land ownership and trespass failed for lack of credible evidence, with the court upholding the respondent's title.
Land law – ownership – proof of title – action for trespass – evidentiary burden – appellate review – evaluation of evidence – conflicting accounts of acquisition – reliance on corroborative testimony – Evidence Act, Sections 101-110.
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26 August 2025 |
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The appellant’s failure to comply with filing directions and to prosecute the appeal resulted in dismissal for want of prosecution.
Civil procedure – Appeal – Dismissal for want of prosecution – Failure to comply with court directions – Order 43 Rule 31 CPR and section 98 Civil Procedure Act – Late filing of Record of Appeal and absence of written submissions.
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26 August 2025 |
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Court held purchasers bona fide; registration irregularities were office errors and Commissioner’s cancellation was unjustified.
Land law – indefeasibility of title – bona fide purchaser for value without notice; Registration of Titles Act – effect of lapsed caveat; due diligence and agency/ratification; Stamp duty and registration irregularities attributable to land office; Commissioner’s power to cancel title and limits where fraud allegations require court adjudication; limitation and delay in asserting proprietary rights.
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26 August 2025 |
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Court grants conditional stay of execution pending appeal, emphasizing substance over procedural technicalities and the need for security.
Civil Procedure – stay of execution – effect of procedural irregularities – application not invalidated by citing incorrect law – time frame for stay applications – requirements for granting stay – security for due performance – exercise of judicial discretion.
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26 August 2025 |
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The court granted leave to amend an affidavit, prioritizing substantive justice over form where no evidential averment is affected.
Civil Procedure – Amendments – Leave to amend affidavits – Exception to general rule; Amendment allowed where no evidential averment affected – Importance of substantive justice over technicality.
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26 August 2025 |
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An accused charged with murder and on remand over 180 days was granted mandatory bail under Article 23(6)(c) with conditions.
Criminal Procedure – Bail – Mandatory bail under Article 23(6)(c) of the Constitution – Capital Offence – Accused on remand over 180 days before committal – Substantial sureties – Community and complainant support – Absence of objection or risk of interference – Bail guidelines considered.
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26 August 2025 |
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Court held that witness statements must reflect only the witness's personal knowledge, disallowing plural pronouns and legal conclusions.
Evidence – witness statements – requirements for direct oral evidence – use of first person singular – lay versus expert opinion – admissibility of legal conclusions in witness statements – preliminary objection to admissibility – Civil Procedure Rules and the Evidence Act applied.
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26 August 2025 |
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An application for judicial recusal was dismissed due to lack of objective evidence of bias or partiality.
Judicial officers – recusal – apprehended bias – objective test for recusal – burden of proof on applicant – insufficient evidence – court scheduling constraints – referral to Deputy Registrar for case management.
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26 August 2025 |
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The appeal was dismissed for want of prosecution after the appellant failed to file the record and submissions.
* Civil procedure – dismissal for want of prosecution – Order 43 Rule 31, Civil Procedure Rules (S.I. 71-1)
* Failure to comply with court directions – filing record of appeal and written submissions
* Procedural default – failure to prosecute appeal precluding consideration of merits
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26 August 2025 |
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The court convicted the accused of aggravated defilement after finding the prosecution proved all elements beyond reasonable doubt.
Criminal law – Aggravated defilement – Proof of age, non-consensual sexual intercourse, and participation of the accused – Burden and standard of proof in criminal cases – Credibility of victim testimony – corroboration by medical evidence.
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26 August 2025 |
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A verbal gift of customary land, proven by exclusive possession during the donor's lifetime, is legally recognized and enforceable.
Land law – Customary land – Inter vivos gift – Validity of oral gift of land under customary law – Burden of proof – Evaluation of evidence on appeal – Whether general grounds of appeal suffice – Dismissal of appeal where trial court's findings were sound and supported by evidence.
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25 August 2025 |
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The court admitted a late affidavit and ordered production of key documents referenced in affidavits for inspection in a human rights case.
Civil procedure – Late filing of affidavit – Admission in interest of justice – Discovery – Relevance and inspection of documents – Human rights application – Constructive possession by Attorney General
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25 August 2025 |
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Trial court properly considered negligence arising from cattle trespass; appeal dismissed with costs.
Civil procedure – pleadings and causes of action; negligence vs cattle trespass; particulars of negligence; strict liability for animals; sufficiency and corroboration of oral evidence; appellate reappraisal of facts and law.
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25 August 2025 |
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A customary gift of land does not require a written deed and may be proven by exclusive possession and use by the donee.
Land law – Customary land – Gift intervivos – Requirements for valid gift of land under customary law – Evidence of exclusive possession – Appeal – Grounds of appeal must be specific and not general.
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22 August 2025 |
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Bail was refused for applicants charged with violent robbery and assault on journalists, citing public interest and community safety concerns.
Criminal procedure – bail – aggravated robbery and assault on journalists – requirements for bail – substantial sureties – fixed place of abode – exceptional circumstances – discretionary refusal of bail in capital and public interest offences – procedural validity of affidavits sworn in custody.
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22 August 2025 |
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A young accused charged with aggravated robbery granted bail due to age, credible sureties and low risk of interfering with investigations.
Criminal procedure — Bail — Application for bail pending trial for aggravated robbery — Role of Bail Guidelines 2022 and Section 16(Trial on Indictments Act) — Exceptional circumstances requirement — Relevance of age, fixed abode, substantial sureties, DPP no-objection and national identity documentation.
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20 August 2025 |
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A possessory owner successfully challenged a fraudulently obtained certificate of title, securing cancellation and eviction of the defendants.
Land law – Possessory title – Customary tenure – Proof of abandonment – Fraudulent procurement of certificate of title – Trespass – Remedies for land disputes.
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20 August 2025 |
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A suit was remitted for retrial after the trial court dismissed the main claim but failed to resolve the counter-claim.
Civil procedure – appeal – retrial – failure to determine counter-claim – extraneous orders – setting aside erroneous judgment – necessity of retrial where material errors affect the outcome.
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20 August 2025 |
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Mandatory bail is not available where the applicant has already been committed to the High Court for trial.
Criminal procedure – mandatory bail – Article 23(6)(c) of the Constitution – eligibility – effect of committal to High Court for trial – aggravated robbery – right to bail upon delay in committal – dismissal of application post-committal.
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20 August 2025 |
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Work-related injuries not in the statutory schedule may still be compensable if sustained in the course of employment.
Labour Law – Workers Compensation – scope of compensable injury – injuries sustained in course of employment but not listed in schedule – interpretation of permanent incapacity – evidentiary requirements – appellate review.
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20 August 2025 |
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Bail granted in aggravated robbery case due to applicant's fixed abode and substantial sureties, subject to strict conditions.
Criminal procedure – bail application – fixed place of abode – substantial sureties – judicial discretion – balancing presumption of innocence and risk of absconding – aggravated robbery charge – stringent bail conditions.
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20 August 2025 |
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An appeal against a local council land judgment was dismissed as incompetent for lack of leave; court clarified forum jurisdiction under current Ugandan law.
Civil Procedure – Incompetence of appeal – Leave to appeal required – Jurisdiction of local council courts in land matters – Repeal of Section 76A of Land Act – Local Council Courts Act, Cap 18 applies.
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20 August 2025 |
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The court acquitted the accused of murder, citing lack of direct or credible evidence linking him to the offence.
Criminal Procedure – murder – prima facie case – sufficiency of evidence – hearsay evidence – participation of accused – acquittal on no case to answer.
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20 August 2025 |
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Bail was denied as the applicant failed to prove identity, fixed abode, and exceptional health circumstances despite advanced age.
Criminal procedure – Bail – Mandatory bail under Article 23(6)(c) of the Constitution – Committal to High Court precludes mandatory bail – Ordinary bail – Exceptional circumstances – Proof of identity and fixed abode required – Applicant's failure to provide identification and medical evidence precludes bail.
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19 August 2025 |
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Leave granted to appeal on whether the Principal Judge lawfully transferred the file and on garnishee procedural questions.
* Civil procedure – Leave to appeal – Appeal is a creature of statute; leave granted only where intended appeal prima facie raises grounds meriting serious judicial consideration; * Judicial administration – Principal Judge’s administrative powers – scope and limits of transferring files and allocating to self; compliance with Constitution (Recusal of Judicial Officers) Practice Directions, 2019; * Garnishee procedure – Whether a fresh garnishee application is required after Order 23 Rule 3 and whether failure to do so invalidates a garnishee absolute; * Judicial independence – Allegations of bias, forum shopping and proper recusal process.
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19 August 2025 |
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Preliminary objections must be addressed after the scheduling conference and closure of pleadings, per Civil Procedure Rules and Supreme Court authority.
Civil procedure – Scheduling conference – Preliminary objections – Whether preliminary objections on law may be determined prior to scheduling – Binding effect of Supreme Court precedent requiring all preliminary matters to await the scheduling conference after close of pleadings.
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19 August 2025 |
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Sale agreements and prior court admission establish buyer’s ownership; respondent declared trespasser and evicted.
* Land law – Contract of sale – Part-payment receipt and subsequent witnessed confirmation read together constitute a valid sale. * Evidence – Typing errors and differing document formats do not necessarily invalidate agreements. * Estoppel – Prior court pleading acknowledging a sale estops subsequent denial. * Relief – Declaration of ownership, nominal damages and order for vacant possession/eviction. * Civil procedure – Appellate re-evaluation of documentary and oral evidence.
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19 August 2025 |
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A claim on agreement breach involving land in Luwero falls within the High Court at Luwero's territorial jurisdiction.
Civil procedure – territorial jurisdiction – locus of subject matter – breach of contract – transfer or dismissal for want of jurisdiction – High Court circuits’ jurisdiction under statutory instrument.
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19 August 2025 |
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The court dismissed a bail application for murder, finding no exceptional circumstances and unreliable sureties.
Criminal Procedure – Bail – Criteria for granting bail in capital offences – Exceptional circumstances – Grave illness – Reliability of sureties – Public interest in serious offences.
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19 August 2025 |
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A court may order the removal of a caveat when the caveator fails to actively pursue their claim or show just cause for delay.
Land law—caveats—Registration of Titles Act—beneficiary caveat under intestacy—requirements for caveatable interest—duty of caveator to pursue substantive suit—vacation of caveat for lack of active prosecution of claim—compensation for unlawful caveat lodging—costs.
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19 August 2025 |
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The High Court lacks jurisdiction to extend time for filing a Notice of Appeal to the Court of Appeal.
Civil procedure – Jurisdiction to extend time – Whether High Court has jurisdiction to extend time for filing Notice of Appeal to the Court of Appeal – Rule 5 of Judicature (Court of Appeal Rules) Directions – Inherent powers of the High Court – Appropriateness of forum for application for extension of appeal time
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19 August 2025 |
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A District Land Board lease overrides prior Town Council user permissions; occupants without a lease are trespassers and must vacate.
Land law – urban lock-up allocations – distinction between former Town Council permissions (licences/user rights) and District Land Board leases – effect of 1995 Constitution transferring lease-granting power to District Land Boards; trespass and eviction; limitation; necessity to specifically plead and prove fraud.
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19 August 2025 |
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A subsequent estate claim over land was dismissed as res judicata following prior final judgment in favor of a third party.
Civil procedure – amendment of pleadings – joinder of parties via consent order – limitation of actions – accrual of cause of action – fraud and limitation – res judicata – effect of prior suits over same subject matter – estate administration and finality of litigation.
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19 August 2025 |
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Whether a vesting order can be granted where purchaser paid in full, is in possession, and the vendor is deceased/untraceable.
* Registration of Titles Act – vesting order – statutory conditions: registered land, full payment, possession, vendor's acquiescence, vendor deceased or untraceable – court’s inherent jurisdiction under Article 139(1) and Section 98 Civil Procedure Act.
* Procedural prerequisite – application to Commissioner/Registrar under Section 151 before invoking court jurisdiction.
* Evidence – proof of payment, possession and corroborative affidavits/visitation to locus to satisfy vesting order requirements.
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19 August 2025 |