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Citation
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Judgment date
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| December 2024 |
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Applicant’s review of multiple judgments and execution dismissed for failure to show grounds and for lack of jurisdiction.
Civil procedure – Review jurisdiction under section 82 and Order 46 – limited to error apparent on record, new evidence, or sufficient cause; appeals dismissed for default – remedy is readmission under Order 43 rule 16 not review; jurisdictional competence – Magistrate’s Court decisions to be reviewed in Chief Magistrate’s Court; functus officio where appeal determined on merits; execution of taxed costs and attachment of land.
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11 December 2024 |
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Appellant failed to prove contempt of a temporary injunction; appeal dismissed after appellate re-evaluation of evidence.
Civil contempt — elements required (existence of order; knowledge; ability to comply; failure to comply) and intermediate standard of proof; validity of appeal without prior leave where order is not appealable as of right; appellate re-evaluation of misfiled affidavit in rejoinder.
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11 December 2024 |
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Applicant entitled to special certificate and vesting order after land registry misplaced title deeds.
Registration of Titles Act s.71 – issuance of special certificate where original title lost; ss.91–92 – transfer vests rights in transferee; s.151 – vesting/registration by Commissioner; lost title deeds by registry; locus of purchaser who paid consideration; court relief when Registrar reluctant to act.
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11 December 2024 |
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Corporate guarantor bound by guarantee; school chattels not mortgaged—detinue unproven without demand; bank’s counterclaim premature.
* Corporate guarantee – nature and effect – continuing and independent liability of guarantor; guarantor bound to pay on demand unless fraud or special equity proven.
* Mortgage law – mortgagee’s right to take possession and sell mortgaged land under Mortgage Act; possession may be taken with reasonable force and sale to recover debt.
* Movables and chattels – distinction between mortgaged land/developments and movable school assets; valuation and inventory essential to show sale of chattels.
* Detinue – essential requirement of demand for return; absence of written demand defeats detinue claim.
* Counterclaim – lender’s claim for outstanding loan premature where foreclosure remedies not exhausted and sale proceeds/accounting not established.
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11 December 2024 |
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Sale set aside for non-compliance with statutory mortgage auction procedures; valuation and purchaser-capacity claims unproven.
Mortgage law – foreclosure and realization of security – mandatory service of notices, statutory auction procedure and licensed auctioneer – valuation requirements – payment of deposit at fall of hammer – purchaser capacity and foreign ownership – remedies where sale irregular but borrower defaulted.
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11 December 2024 |
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Interlocutory judgment set aside and leave to file defence granted due to ineffective service and counsel's negligence.
Civil procedure — extension of time to file defence (Order 9 r12) — 'sufficient cause' — Service on corporations (Order 29 r2) — effectiveness of service on external counsel — negligence of counsel not imputed to deny hearing — access to justice and preference for merits over technicalities.
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11 December 2024 |
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Slip rule applied to correct clerical omission and amend grant to include applicant as administratrix.
* Civil Procedure – Slip rule (section 99 CPA) – correction of clerical or accidental omissions in judgments, decrees or grants.
* Probate – grant of letters of administration – omission of administrator's name – amendment of grant under slip rule.
* Standard for correction – error apparent on face of record; correction must not alter substance or amount to an appeal.
* Relief – issuance of amended grant; no order as to costs.
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11 December 2024 |
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Joint letters of administration rendered inoperative by a co-administrator's death were revoked and fresh grant issued to the surviving administrator.
Succession law – Revocation of letters of administration – Joint grants – Death of a co-administrator rendering a grant inoperative; power to revoke and regrant to surviving administrator; duty to ensure due administration and protection of beneficiaries.
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11 December 2024 |
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Land recovery claim dismissed as time‑barred and unsupported by evidence; plaintiff lacked cause of action and locus standi.
* Limitation of actions – recovery of land – 12‑year period under section 5 – accrual from dispossession; exceptions under section 25 for fraud/mistake and requirement to plead and prove discovery. * Civil procedure – requirement under Order 7 rule 6 to plead grounds of exemption from limitation. * Evidence – burden to prove title and succession by credible documentary/oral evidence; hearsay insufficient. * Locus standi and cause of action – need for sufficient interest and factual link to title.
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11 December 2024 |
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Applicant's judicial review dismissed: reinstatements followed Ministry guidance and applicant failed to prove unlawful or improper appointments.
Judicial review – locus standi; amenability of administrative action to judicial review; exhaustion of internal remedies; Public Service Standing Orders (retirement on abolition of office) and requirement for Permanent Secretary clearance; reinstatement and transfer of public officers following administrative irregularities and Ministry guidance; burden to prove lack of qualifications and procedural impropriety; prerogative remedies dismissed for failure to establish illegality, irrationality or unfair procedure.
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11 December 2024 |
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The applicant’s amicus application was rejected for bias and for attempting to introduce new evidence.
Amicus Curiae – Admission – requirements under Judicature (Amicus Curiae) Rules 2022; neutrality and impartiality; demonstrable expertise; prohibition on introducing new evidence; conflict of interest where applicant is beneficiary/party.
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11 December 2024 |
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Amicus curiae application denied where applicant, a former kingdom official, was partisan and sought to introduce new evidence.
Amicus curiae – admission – Judicature (Amicus Curiae) Rules 2022 – Rule 5 criteria (neutrality, expertise, novelty, public interest) – refusal where applicant is partisan, a former official/beneficiary of a party and seeks to introduce new evidence – court’s discretion.
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11 December 2024 |
| November 2024 |
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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
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28 November 2024 |
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14 November 2024 |
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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.
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14 November 2024 |
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14 November 2024 |
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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.
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14 November 2024 |
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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.
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14 November 2024 |
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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.
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14 November 2024 |
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14 November 2024 |
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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.
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7 November 2024 |
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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.
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7 November 2024 |
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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.
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7 November 2024 |
| October 2024 |
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Applicant granted leave to file appeal out of time due to procedural errors and lack of prejudice to respondent.
Civil procedure – Extension of time to file appeal – Sufficient cause test: length and reason for delay; arguability of appeal; prejudice to respondent – Procedural defects and counsel’s/representation errors may justify extension – Possession alone may not constitute irremediable prejudice.
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30 October 2024 |
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Court corrected a clerical omission of the deceased’s name on a grant under the slip rule.
Civil Procedure Act, s.99 (slip rule) – Correction of clerical errors – Omitted name on grant of letters of administration – Application by letter sufficient – Slip rule limited to evident, non-substantive errors.
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30 October 2024 |
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Vesting order under s.151 RTA requires proof of purchase, proprietor's death and direct transaction with registered proprietor.
Registration of Titles Act s.151 – vesting orders – requirements: registered land, full payment, possession and acquiescence, inability to obtain transfer due to vendor's death or absence; Civil procedure – suit against a dead person is a nullity; Evidence – need for proof of purchase agreement and death certificate before invoking section 151; Proper claimant – administrator/estate of intermediate purchaser where applicant did not transact with registered proprietor.
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30 October 2024 |
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Appellant confirmed owner: occupants of market stalls were licensees who could not pass land title; damages awards were improper and set aside.
Land law – ownership disputes – distinction between tenant/licensee (stall occupier) and proprietor; proof of title; damages – requirement to plead and prove special damages; limits of Magistrate Grade One pecuniary jurisdiction; appellate re-evaluation of credibility and evidence.
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30 October 2024 |
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Whether absence of a pre‑taxation meeting nullifies taxation and whether an awarded instruction fee was excessive.
* Advocates (Remuneration and Taxation of Costs) Regulations (SI No.7 of 2018) – Regulation 13A – pre‑taxation meeting requirement and its effect on validity of taxation. * Taxation procedure – purposive interpretation of mandatory provisions; consequences of non‑compliance. * Taxing officer’s powers – to proceed ex parte where a party defaults or frustrates pre‑taxation. * Assessment of instruction fees – minimums prescribed, judicial discretion, reduction of excessive fee.
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30 October 2024 |
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Failure to commence required proceedings within six months causes both caveat and petition for letters of administration to lapse.
Succession law – Succession Amendment Act 2022 s.255A – caveat and petition to lapse where required proceedings not commenced within six months – petitioner must sue to remove caveat; caveator must commence suit to prove objections; lapse and striking out as consequence.
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30 October 2024 |
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Review inappropriate where alleged error requires re‑evaluation of evidence; appeal is the proper remedy.
Civil procedure – Review – "Mistake or error apparent on the face of the record" must be self‑evident and not require re‑evaluation of evidence; review is not a substitute for appeal; limitation – date when cause of action arose (execution date) determinative for time bar.
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30 October 2024 |
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Advocate’s negligent failure to notice a counterclaim amounted to sufficient cause to allow a late reply.
Civil procedure – Counterclaim – Reply to counterclaim – Requirement to file within 15 days – Leave to file out of time – Sufficient cause – Advocate’s negligent mistake accepted as sufficient cause – Interests of justice where main suit and counterclaim concern same subject matter.
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30 October 2024 |
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A suit dismissed for non-appearance can be reinstated where bona fide mistake by counsel constitutes sufficient cause.
Civil procedure – Order 9 Rule 17 & 18 – reinstatement of dismissed suit; sufficient cause defined as excusable inability to take a required step; mistake/negligence of counsel can constitute sufficient cause if bona fide; court discretion to grant reinstatement but may refuse costs where litigant’s fault contributed.
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30 October 2024 |
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Disagreement over computation of filing time is an appeal matter; no error apparent on the record — review dismissed with costs.
* Civil procedure – Review – Order 46(1) CPR – grounds limited to new evidence, mistake apparent on face of record or other sufficient reason – error must be manifest and self-evident.
* Civil procedure – Computation of time – Order 36 CPR – disagreement with court’s computation is generally an appeal matter, not review.
* Procedure – Abuse of process – repeated or inappropriate applications where appeal is the proper remedy – costs awarded.
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30 October 2024 |
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Court stayed execution pending appeal, set aside irregular possession, and ordered UGX 2,000,000 security for costs.
* Civil procedure – Stay of execution – Order 43 rule 4(3): lodgment of appeal, substantial loss, no unreasonable delay, security for due performance.
* Appeal prospects – prima-facie case/likelihood of success on ownership issues.
* Execution – irregular/extra-judicial possession by RDC/local leaders set aside.
* Security for costs – appropriate lesser security where bill of costs untaxed.
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30 October 2024 |
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Similarity of facts with a civil suit does not automatically justify staying criminal proceedings; concurrent trials permitted.
Criminal procedure – Stay of criminal proceedings – Similarity of facts with pending civil suit not alone a ground for stay; criminal and civil cases may proceed concurrently; stay only in exceptional circumstances affecting fair hearing; DPP's public interest mandate.
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30 October 2024 |
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High Court granted conditional stay of execution pending appeal, requiring 20% security for taxed costs and release to pursue appeal.
* Civil procedure – Stay of execution – Order 43 r.4 CPR and Section 98 CPA – criteria for grant of stay (lodgment of appeal, substantial loss, imminent execution, delay, security).
* Civil procedure – Competency of appeal – appealability of orders refusing to set aside dismissal under Order 9 r.23 and Order 44 r.1(b).
* Civil procedure – Security for due performance or security for costs – courts’ discretion and practice regarding full decretal security versus percentage deposit.
* Civil imprisonment – release conditional on compliance with security to pursue appeal.
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25 October 2024 |
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Application for judicial review of ministerial directives concerning land possession dismissed as not amenable to judicial review; no contempt shown.
• Judicial review – amenability – distinction between public-law review and private disputes over land possession; judicial review not appropriate to enforce private property/trespass rights. • Contempt of court – elements and heightened standard of proof: lawful order, knowledge, ability to comply, failure to comply. • Representative orders and effect of judgment where multiple customary claimants exist – decree did not vest exclusive proprietorship. • Administrative action by minister – protection against unlawful eviction does not necessarily amount to ultra vires or contempt.
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22 October 2024 |
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Whether instruction fees and taxed costs were lawful where advocates’ practicing certificates and procedural taxation requirements were disputed.
* Civil procedure – taxation of costs – appeal format – Notice of Motion vs Chamber Summons – curable irregularity; * Service – effective service of bill and taxation notices; * Advocates’ practicing certificates – entitlement to recover costs; * Pre‑taxation meeting – discretionary taxation where one party frustrates meeting; * Instruction fees – application of sixth schedule and principles, reduction for excessiveness; * Revision of taxing officer’s award by High Court.
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21 October 2024 |
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Court granted a guardian limited power to mortgage a minor’s land for business investment, prohibiting sale and imposing fiduciary safeguards.
Children’s Act – best interests of the child paramount – guardianship over minor’s property – capacity to contract – fiduciary duties of guardian – limited power to pledge/mortgage but no power to sell – safeguards to ensure loan benefits minor.
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17 October 2024 |
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A grant to a sole administrator lapses on death; amendment is incompetent and a fresh petition is required.
* Succession law – Grant of probate/letters of administration – Lapse of grant on death of sole administrator – Inoperability of grant and inability to amend petition; remedy: fresh petition for letters of administration (Succession Act ss.225,226,227,269).
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17 October 2024 |
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Court appointed parents guardians with power to sell minors' land and reinvest proceeds in income‑generating property for minors' benefit.
* Children’s law – Guardianship – appointment of biological parents as legal guardians to administer and sell minors’ property – welfare of the child paramount.
* Parental responsibility – rights, duties and authority to protect and preserve minors’ property interests.
* Guardianship – fiduciary obligations; strict compliance with court directions when disposing of a minor’s property.
* Property law – authority to sell land held by minors and reinvest proceeds in income‑generating property to benefit minors.
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17 October 2024 |
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A stay of execution requires a visible, imminent threat of enforcement; speculative or unverified fears are insufficient.
Stay of execution — requirements for grant: proof of lodgment of appeal; visible and imminent threat of execution; speculative fears insufficient — execution is a process not an event — unverified complaints to local councils do not prove imminent eviction.
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17 October 2024 |
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Applicant lodged appeal but failed to show imminent execution or irreparable harm; stay refused and costs awarded.
Civil procedure – Stay of execution – Requirements: lodged appeal, imminent execution, irreparable harm, balance of convenience, security and lack of delay – Speculation insufficient; concrete execution steps required.
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17 October 2024 |
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Default judgment set aside where applicant showed sufficient cause and a prima facie defence alleging irregular recruitment.
Civil Procedure – Setting aside ex parte/default judgment – Order 9 r 27 CPR – sufficient cause and prompt action; Affidavits – severance of false or hearsay parts – Order 19 r 3 CPR; Employment law – alleged irregular recruitment and compliance with public service circulars as prima facie defence.
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17 October 2024 |
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Appellant’s alleged land purchase was properly characterised as a loan; appeal dismissed.
Land law – disputed sale versus loan – evidential sufficiency of written agreement and witness testimony; locus inspection – role of locus notes in determining nature of transaction; failure to file defence – effect on proceeding ex parte; evaluation of credibility and burden of proof in land ownership claims.
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17 October 2024 |
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Stay granted pending appeal once a taxed bill showed imminent execution, conditional on 50% security for costs.
Civil procedure – Stay of execution pending appeal; Order 43 r.4 CPR requirements (substantial loss, no unreasonable delay, security); when execution is deemed to have commenced (taxed bill of costs); security for costs as a condition to stay; consequences of non-compliance with security order.
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17 October 2024 |
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Whether the land claim was time‑barred and whether the land formed part of the deceased’s estate, constituting trespass.
* Limitation Act – accrual of right to recover land – dispossession, adverse possession and exceptions for trespass; continuing trespass principles.
* Civil procedure – appellate re‑evaluation of evidence; first appellate court powers under s.80 Civil Procedure Act.
* Evidence – burden and standard on balance of probabilities; comparative handwriting findings without expert report.
* Land law – proof of chain of title by sale agreements and witness corroboration; reliefs: declaration, eviction, injunction, general damages, costs; mesne profits require proof of profits.
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17 October 2024 |
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Whether a seriously ill judgment debtor may be released from civil prison and on what conditional security.
Civil procedure – Release of judgment debtor on ground of serious illness; evidentiary requirement of prison medical certification; conditional release to protect judgment creditor; execution by substituted service and issuance of arrest warrant; civil imprisonment not punitive but coercive.
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11 October 2024 |
| September 2024 |
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30 September 2024 |
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30 September 2024 |