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Citation
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Judgment date
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| December 2023 |
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Whether disputed land formed part of the deceased’s estate or had been redeemed by the appellant; appeal allowed.
Succession law – administration of estates – whether disputed land formed part of deceased’s estate or was redeemed; admission of additional evidence on appeal; burden of proof in civil matters; revocation and reinstatement of letters of administration; equitable distribution among beneficiaries.
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19 December 2023 |
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A beneficiary caveat protects alleged equitable interests and remains until competing estate disputes are resolved; removal refused.
Land law – beneficiary caveat – Registration of Titles Act (ss.139, 140, 142, 144); protectable equitable interest; caveat maintenance pending resolution of estate disputes; removal of caveat requires resolution of triable issues; costs awarded to successful caveators.
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14 December 2023 |
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Appellant failed to prove payments, fraud or matrimonial/family interest; sale agreement and respondent’s ownership upheld; appeal dismissed.
Land law – ownership dispute – adequacy of evidence; Fraud – pleading and standard of proof; Resulting trust – proof of purchase money; Matrimonial/family land – scope and proof; Locus in quo – procedure and effect on judgment.
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13 December 2023 |
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12 December 2023 |
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12 December 2023 |
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Applicants failed to prove fraud, possession or procedural defects; registered transfers held lawful and suit dismissed with costs.
* Land law – lease expiry and reallocation – failure to fulfil development covenant causes reversion to controlling authority; subsequent lawful allocation and registration not set aside absent proven fraud.
* Title/registration – protection of registered proprietary rights except in case of fraud; fraud must be pleaded with particulars and proved to a high civil standard.
* Service and limitation – failure to effect service of amended pleadings may lead to dismissal (Order 5 r.1(3)); claims based on registered title are subject to limitation and limitation exceptions must be pleaded.
* Trespass – requires proof of actual possession; possession not established where lease expired and land reverted.
* Pleadings – court will not entertain trial by surprise; matters not pleaded cannot be raised at submissions.
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9 December 2023 |
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Appeal dismissed for grounds being argumentative and narrative, in breach of Order 43 r.1(2) CPR.
Civil procedure – appeals – Order 43 r.1(2) CPR – grounds of appeal must be concise and non-argumentative; argumentative/narrative grounds struck out; appellate discretion under Article 126(2)(e)/Section 33 Judicature Act not exercised to cure procedural defects; appeal dismissed and trial judgment affirmed.
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8 December 2023 |
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An ex parte judgment was set aside where the court file showed unclear or inadequate proof of service, warranting fresh interparty hearing.
Civil procedure – Ex parte judgment – Setting aside under Order 9 r.27 CPR – Sufficiency of cause where summons not duly served – Importance of clear proof of service and consequences of procedural irregularities – Court’s inherent power to prevent abuse of process.
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8 December 2023 |
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Applicant’s affidavit defective, transfer void without lessor’s consent; lawful re-entry for rent arrears and application dismissed.
Land law – leasehold – relief from forfeiture – requirements for relief; procedural law – affidavit formalities and commissioning; Registration of Titles Act – re-entry for rent arrears; transfer of lease – necessity of lessor’s consent; reallocation and third‑party rights.
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8 December 2023 |
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5 December 2023 |
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4 December 2023 |
| November 2023 |
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Applicant with asserted proprietary interest in disputed land is added as defendant; amended plaint ordered to be filed.
Joinder of parties; amendment of pleadings; land disputes; Order 1 and Order 6 CPR; section 33 Judicature Act; criteria for joinder to avoid multiplicity of suits; refusal to entertain abandoned attachment prayer.
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30 November 2023 |
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24 November 2023 |
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24 November 2023 |
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Substituted service upheld; delay and lack of plausible defence warranted refusal to set aside ex parte judgment.
Civil procedure – Setting aside ex parte judgment – Validity and effect of substituted service (Order 5 r.18 CPR) – Requirement to show sufficient cause and plausible defence – Delay in bringing application – Court’s inherent jurisdiction (s.98 CPA).
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22 November 2023 |
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Court ordered consolidation of three land suits to avoid multiplicity and potentially conflicting orders.
Civil procedure — Consolidation of suits under Order 11 CPR — Similar questions of law or fact — Land disputes — Avoidance of multiplicity of proceedings — Stay of separate hearings — Costs to abide outcome.
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20 November 2023 |
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Court granted presumption of death after statutory conditions (absence, police report, public notice, jurisdiction) were satisfied.
Presumption of death – statutory conditions under Section 47 Registration of Persons Act – absence for seven years – police report – public advertisement – jurisdiction – enabling Letters of Administration.
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18 November 2023 |
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17 November 2023 |
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17 November 2023 |
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9 November 2023 |
| October 2023 |
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31 October 2023 |
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26 October 2023 |
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Stay of execution dismissed: applicant failed to file a timely appeal and did not provide required security.
Civil procedure — Stay of execution pending appeal — Order 43 r.4 CPR and s.98 CPA — requirements: pending/arguable appeal, substantial loss, no unreasonable delay, security for due performance — failure to file timely notice of appeal in proper court; lack of security and insufficient evidence of imminent execution — application dismissed.
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24 October 2023 |
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Appellate court quashed acquittal and convicted respondent for forgery and uttering a false document.
Criminal law – Forgery and Uttering False Documents – elements and proof beyond reasonable doubt; Appellate review – duty to re-evaluate trial evidence; Forensic handwriting evidence – weight and admissibility; Miscarriage of justice – acquittal set aside.
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23 October 2023 |
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20 October 2023 |
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20 October 2023 |
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Appeal dismissed; security-for-costs order upheld for lack of leave and failure to comply with court directions.
* Civil procedure — Security for costs — Order 26 CPR — Court may order plaintiff to give security where circumstances justify; discretion to be exercised judiciously.
* Appealability — Orders not listed as appealable as of right require leave of the court that made the order; failure to seek leave renders appeal incompetent.
* Procedural compliance — Failure to comply with court directions and late filing of submissions without leave (Order 51 r 6 CPR) attracts adverse consequences.
* Evidence — Competency of supporting affidavits and authority of deponent are material to the viability of an application or appeal.
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18 October 2023 |
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17 October 2023 |
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High Court sets aside protection order after magistrate unlawfully reopened concluded maintenance matter and denied applicants a hearing.
* Revision – Section 83 Civil Procedure Act – High Court supervision over magistrates; illegal or materially irregular exercise of jurisdiction. * Res judicata and functus officio – concluded family/maintenance orders cannot be reopened without proper application. * Natural justice – audi alteram partem breach where protection order granted ex parte without notice or social inquiry report. * Domestic Violence Act – relief under DV Act cannot be smuggled into a concluded maintenance matter without fresh proceedings.
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11 October 2023 |
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11 October 2023 |
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5 October 2023 |
| September 2023 |
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28 September 2023 |
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28 September 2023 |
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The plaintiffs awarded unpaid terminal benefits, general damages and interest; redundancy payments found already paid.
Labour/divestiture – unpaid terminal benefits – Auditor General verification – judgment on admission; general damages for prolonged non-payment; interest on principal (8% from June 1995) and on damages (10% from judgment); redundancy compensation found previously paid; costs to successful plaintiffs.
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8 September 2023 |
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8 September 2023 |
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1 September 2023 |
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1 September 2023 |
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Insufficient evidence of sexual act by the accused and absence of mens rea evidence for trafficking: accused acquitted.
Criminal law – Prima facie case – aggravated defilement requires proof victim under 14, sexual act and accused as perpetrator; medical evidence of prior sexual activity insufficient without link to accused. Trafficking – transporting/harbouring established but mens rea (deception/coercion for sexual exploitation) not proved; absence of victim’s testimony fatal to prosecution’s case.
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1 September 2023 |
| August 2023 |
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4 August 2023 |
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4 August 2023 |
| June 2023 |
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2 June 2023 |
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1 June 2023 |
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1 June 2023 |
| May 2023 |
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5 May 2023 |
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2 May 2023 |
| April 2023 |
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19 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 |
| March 2023 |
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30 March 2023 |
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7 March 2023 |
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3 March 2023 |