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Citation
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Judgment date
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| December 2013 |
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Habeas corpus limited to lawfulness of detention; Court Martial jurisdiction and charge validity are matters for trial court.
Habeas corpus — scope limited to lawfulness of custody; not for resolving trial issues — Court Martial jurisdiction over civilians; validity of charge and bail reserved for trial court.
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20 December 2013 |
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20 December 2013 |
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Habeas corpus cannot challenge jurisdiction or charge validity after a civilian's arraignment, trial and conviction by court martial.
Habeas corpus — scope limited to lawfulness of custody; not a forum to re‑determine trial issues such as jurisdiction, charge validity or bail; General Court Martial jurisdiction — offences connected to unlawful possession of UPDF monopoly firearms and s.119(1)(h) UPDF Act; detention lawful where return shows arraignment, trial and conviction.
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20 December 2013 |
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Setting aside an ex parte judgment nullifies subsequent execution; applicant entitled to vacate execution and restoration of possession.
Civil procedure – setting aside ex parte judgment – correction of omission under s.99 CPA – effect on execution and status quo; execution following set-aside judgment unlawful; affidavits – striking out offensive paragraphs (O.6 r.10, r.30, r.19); res judicata and functus officio considered and rejected.
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19 December 2013 |
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Interlocutory injunction dismissed because supporting affidavit was incurably defective for failing to distinguish knowledge, belief and information.
Interlocutory relief – temporary injunction – O.41 r.1 and O.52 r.1-3 CPR; Affidavits – O.19 r.3 – must distinguish knowledge, belief and information and disclose sources; incurably defective affidavit defeats interlocutory application; dismissal and costs; leave to appeal granted.
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19 December 2013 |
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Decision to invest MPs’ gratuities without prior consent was unlawful; MPs retain statutory right to annual (or chosen) gratuity, limited damages awarded.
Parliamentary remuneration – gratuity entitlement – s.2 Parliament (Remuneration of Members) Act and Art.85 Constitution – validity of Parliamentary Commission investing members’ gratuities without individual consent – unlawful implementation but no permanent deprivation of property where funds were held for members’ benefit – representative action remedies and quantum of damages.
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13 December 2013 |
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Removal of union general secretary for failures and forged minutes was lawful; subsequent acts declared null and injuncted.
Labour unions – Removal of office bearer – Compliance with union constitution and Labour Unions Act – Failure to hold annual/ delegates meetings; Holding union office while a full‑time paid civil servant (s.31(3) Labour Unions Act 2006) – Forgery of minutes and improper bank account operation – Declarations, injunction and return of property granted; damages not proven.
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11 December 2013 |
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Appellate court ordered retrial after finding the magistrate’s one‑sided judgment failed to assess evidence and ignored an interlocutory judgment.
* Civil procedure – appeal – re-evaluation of evidence – appellate duty to reassess findings of fact and law; * Trial fairness – one‑sided judgment and failure to consider all evidence – miscarriage of justice; * Effect of interlocutory judgment against one party on related parties deriving interest; * Remedial order – retrial where trial is incomplete or improperly reasoned.
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10 December 2013 |
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Court refused temporary injunction in LC1 appointment dispute, citing procedural defects and need to preserve the status quo.
* Constitutional and administrative law – challenge to village LC1 appointment – correct procedure for election disputes under section 168 Local Government Act vs ordinary plaint.
* Civil procedure – interlocutory relief – requirements for temporary injunction; preservation of status quo; injunctions that would alter status quo are improper.
* Public office and defendants – whether an officer acted in official capacity such that the District is the proper party to be sued.
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6 December 2013 |
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Appeal allowed: trial magistrate mis-evaluated evidence and wrongly applied bona fide purchaser doctrine to unregistered land; matter remitted for locus in quo and fresh inquiry.
land law – wrongful alienation of unregistered land; evidence evaluation – requirement to frame issues and determine ownership; boundaries and locus in quo – necessity of on-site demarcation; bona fide purchaser for value without notice – inapplicable to unregistered land; remit for fresh inquiry under s.80(1)(c) Civil Procedure Act.
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6 December 2013 |
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Whether a registered transfer procured by forgery and irregular registration can be set aside despite a purported purchaser’s title.
* Contract law – sale of land – condition precedent – eviction of squatters as condition precedent to final payment; frustration where performance becomes radically different due to unforeseen costs.
* Property law – land registration – caveat protection – transfer while caveat subsists contravenes statutory protection.
* Fraud – forgery of caveat withdrawal and irregular registration sequence – proof on balance of probabilities to impeach registered title.
* Bona fide purchaser – registered proprietor’s title impeachable if fraud attributable to transferee or her agents.
* Remedies – cancellation of title, reversion of proprietorship, repayment of purchase price, exemplary damages, costs.
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6 December 2013 |
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Applicant’s long possession and an unchallenged sale agreement establish ownership; lower court erred in evaluating the evidence.
Land law – ownership by sale or gift and long possession – admissibility of secondary evidence of sale agreement – bona fide occupant and Limitation Act – appellate re-evaluation of evidence – death of witness does not expunge testimony.
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3 December 2013 |
| November 2013 |
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Administrative law—students’ rights—university suspension—ultra vires action—fair hearing—procedural impropriety—status quo—balance of convenience—Vice Chancellor lacks authority to indefinitely suspend students without Student Affairs Committee hearing—suspension order quashed—injunction granted—students’ rights protected
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29 November 2013 |
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Court granted interim injunction preventing action on Tribunal report, finding prima facie case and irreparable harm to elected Lord Mayor.
* Judicial review – interim injunction to restrain executive action on a tribunal report pending review – urgency and ex parte relief under O.52 r.2; * Administrative law – status quo protection for elected office; * Res judicata – some tribunal-procedure issues precluded, others severable and reviewable; * KCCA Act S.12(17)–(20) – interplay between statutory remedies (representation and appeal) and availability of interlocutory judicial relief; * Irreparable harm – loss of elective office not adequately compensable by damages.
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28 November 2013 |
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The first appellant trespassed on ancestral kibanja; the second appellant did not; locus in quo irregularities were not fatal.
Land law; trespass to land – possession and capacity to sue; customary/ancestral (kibanja) holdings; weight of corroborative evidence; appellate re‑evaluation of facts; locus in quo irregularities – procedural irregularity but no miscarriage of justice.
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22 November 2013 |
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High Court set aside personal costs order, finding member had locus to bring derivative action for the cooperative.
* Company/Cooperative law – corporate personality and derivative actions – member’s locus to sue on behalf of cooperative – Foss v Harbottle; Salomon principles. * Civil procedure – locus standi and audi alteram partem – personal costs incorrectly imposed without hearing. * Supervisory jurisdiction – High Court setting aside magistrate’s costs order as unjust.
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22 November 2013 |
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Registrar cannot tax tribunal costs not ordered by the judge; excessive instruction fees reduced and taxation varied.
Civil procedure – Taxation of costs – Registrar’s role limited to taxing costs allowed by judge – Registrar lacks jurisdiction to tax tribunal costs not ordered by court; Advocates (Remuneration and Taxation of Costs) rules guide reasonableness of instruction fees; costs follow the event and, unless ordered otherwise, are joint and several against multiple parties.
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13 November 2013 |
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Appeal dismissed: respondent’s ownership upheld, district allocation unproven, damages sustained.
Land law – proof of ownership by long occupation – failure to prove district allocation; Evidence Act requirements for proving documentary allocation; parties and joinder (Order 1 r.10) – consent striking out; general damages and mesne profits – assessment and appellate interference.
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12 November 2013 |
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IGG lawfully investigated procurement irregularities; applicant not entitled to prerogative reliefs or damages.
* Administrative law – Judicial review of IGG investigations – scope of IGG powers under the Constitution, Inspectorate of Government Act and Whistleblowers Protection Act; * Procurement law – compliance with PPDA requirements; verification of bidder experience and responsiveness of bids; * Procedural fairness – what constitutes a fair hearing in administrative investigations; * Remedies – limits of prerogative orders where award decision is not a contract.
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11 November 2013 |
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Substitution of a deceased plaintiff refused where administrators' grant is under challenge in separate proceedings.
* Civil procedure – substitution of parties – substitution of deceased plaintiff – effect of a challenged grant of letters of administration; * Requirement that a legal representative be clothed with unchallenged authority where substantive, far‑reaching remedies are sought; * Reliance on Etima Iddi v Noah Abdallatiff.
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8 November 2013 |
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A custodial appointment to oversee clan land did not confer proprietary rights over land occupied before 1996.
Land law — clan land custodianship versus proprietary title; whether an appointment to 'keep' clan land transfers ownership; adverse occupation during owner's displacement; appellate review of trial magistrate's evaluation of evidence.
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8 November 2013 |
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Appeal allowed and retrial ordered because an inadequate locus in quo visit and poor appraisal of evidence undermined the trial judgment.
* Land law – boundary dispute – ownership and acreage contested – adequacy of evidence on encroachment and dates. * Civil procedure – locus in quo – Practice Direction 1 of 2007 – requirements for attendance, evidence, cross‑examination, recording and sketch plan. * Procedural irregularity – inadequate locus visit and sketch vitiating trial court’s holistic assessment – retrial ordered.
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8 November 2013 |
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Appellant’s unsigned sale document and lack of administration evidence failed to displace respondent’s customary inheritance rights.
* Land law – Customary tenure – proof of title – sale agreement not signed by alleged seller and not relied on by an assignee absent letters of administration. * Possession – requirement of uninterrupted occupation for prescriptive claims – earlier litigation negates continuous possession. * Inheritance under customary law – son’s equitable interest in father's land. * Appellate review – re-appraisal of evidence with deference to trial court's credibility findings.
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8 November 2013 |
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Whether an appeal is competent where the trial court ‘‘rejected and struck out’’ the plaint, converting it into a final order.
Civil procedure – plaint rejected under O.7 r.11 v. struck out under O.6 r.30 – appealability; whether leave required to appeal interlocutory orders; competence of appeal where trial order混es rejection and striking out; O.44 and appeal procedure.
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8 November 2013 |
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Revision and stay refused where application was premature, unreasonably delayed, and no security was provided.
Civil revision – jurisdiction and prematurity of applications – Order 52 CPR and section 83 CPA; Stay of execution – Order 43 r.4(3) CPR requirements: substantial loss, no unreasonable delay, security; Natural justice claim (Article 28) rejected where application was premature.
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4 November 2013 |
| October 2013 |
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Claims for conversion of frozen accounts were time-barred and procedurally defective for lack of notice and locus standi.
Limitation law – action for conversion/money had and received – cause of action accrued in 1982; Limitation Act S.3(1)(a) applicable. Civil procedure – statutory notice (S.2(1)(a)) mandatory for suits against government; failure renders suit incurably bad. Locus standi – representative action requires same interest; absent here. Bank accounts – defreezing via 1993 Financial Institutions Act required claimants to pursue commercial banks. Equitable doctrines (tracing/laches) examined but limitation and procedural defects decisive.
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31 October 2013 |
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Habeas corpus cannot overturn detention justified by a subsequent valid court remand; earlier illegal arrest must be challenged by other remedies.
Constitutional law – Habeas corpus ad subjiciendum – Legality of detention – Effect of subsequent valid court remand on earlier alleged unlawful arrest/detention – Appropriate remedy to challenge charges or prosecution.
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28 October 2013 |
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A defaulting defendant cannot appeal an ex parte decree; the proper remedy is an application to set it aside, not an appeal.
Civil procedure — ex parte decree — remedy for defaulting defendant — Order IX r.27 CPR (application to set aside) and Order XLIV r.1(c) (appeal from refusal) — relationship with s.67(1) Civil Procedure Act — appeal versus setting aside — abuse of process.
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24 October 2013 |
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Appellate court upheld 1997 sales for five gardens but declared the 2009 sale void; sixth garden remains in deceased’s estate.
Succession/estate administration – validity of sale of deceased’s land – vendor’s authority – letters of administration; Evidence – appellate re-appraisal of facts vis-à-vis trial court’s advantage of demeanour; Contract of sale – defective vendor and nullity of sale; Customary/clan compensation – unenforceability by court.
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21 October 2013 |
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Court quashed university’s indefinite forced leave and recommended removal for lack of fair hearing, quorum and compliance with statutory rules.
Administrative law – Judicial review – Forced leave and removal from office – Natural justice and fair hearing – Statutory quorum for removal under Universities Act – Parliamentary referral to IGG/AG/CID – Conflict of interest – Employment Act and Public Service Regulations violated.
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21 October 2013 |
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21 October 2013 |
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Court set aside ex parte judgment in land dispute, prioritising hearing inter partes despite prior refusal of service.
Civil procedure – setting aside ex parte judgment – discretionary exercise of court – appellate interference only for misdirection or plainly wrong decision; land disputes – strong interest in hearing inter partes; service of process – declining service does not automatically bar relief where defence exists and party is diligent.
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21 October 2013 |
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Court allowed amendment to withdraw an inadvertent admission, finding no prejudice and a bona fide mistake.
Civil procedure – Amendment of pleadings – Order 6 rule 19 – Leave to amend to withdraw inadvertent admission; principles: no prejudice, avoid multiplicity, bona fides, no illegality; interplay with judgment on admission (Order 13 r.6) and s.57 Evidence Act.
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21 October 2013 |
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Written sale terms limited the purchaser’s survey; unauthorised subdivision found, re-survey ordered and damages awarded for trespass.
Land law – breach of written sale agreement – interpretation of contractual description ('vacant' and 'closer to the gate'); trespass to land – unauthorised subdivision and occupation; burden of proof – requirement to produce mutation form or witnesses to establish consent; remedies – re-survey/specific performance via Registrar, damages and mesne profits.
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18 October 2013 |
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Where proceedings are withdrawn by consent after being overtaken by events, each party bears its own costs absent unreasonable conduct.
Costs — exercise of judicial discretion under section 27(1) CPA; withdrawal of proceedings by consent; proceedings overtaken by events; general rule: no order as to costs where matter terminated without hearing absent unreasonable conduct.
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17 October 2013 |
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Habeas corpus cannot be used to challenge whether a court-martial lawfully tries a civilian for alleged military-monopoly firearm possession.
Habeas corpus – scope limited to legality of detention and due process; not to determine substantive criminal charges; Military law – S.119(1)(g) & (h) UPDF Act – civilians found in unlawful possession of arms "ordinarily the monopoly of the Defence Forces" may be subject to military law and tried by General Court Martial; Prior authority – Namugerwa Hadija SCCA 4/2012 and Uganda Law Society v AG uphold court-martial jurisdiction in such circumstances.
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7 October 2013 |
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Appeal allowed: trial court mis-evaluated evidence, ignored LC1 res judicata and failed to visit locus in quo, judgment nullified.
Civil procedure – appeal and re-evaluation of trial evidence; proof and admissibility of documentary evidence (photocopied sale agreement); res judicata and duty to take judicial notice of an LC1 judgment; necessity of locus in quo inspection in land disputes; miscarriage of justice from procedural and evaluative errors.
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3 October 2013 |
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Appellant proved lifetime gift of disputed land; trial magistrate misdirected, appeal allowed and judgment entered for appellant.
Land law – proof of lifetime gift/distribution of land; evaluation of evidence in civil cases; standard of proof—reasonable degree of probability (Miller v Minister of Pensions); unchallenged evidence to be accepted (Habre International Co Ltd v Ebrahim); locus inspection irregularities; misdirection and miscarriage of justice.
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3 October 2013 |
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1 October 2013 |
| September 2013 |
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Judicial review application struck out as time‑barred; mandamus inappropriate for unascertained interest claims.
* Judicial review – limitation — Rule 5(1) Judicature (Judicial Review) Rules 2009 — three months promptness requirement; * Extension/leave to file out of time — Rule 5(2); * Mandamus — relief inappropriate for doubtful or unascertained rights (claimed interest not in consent judgment); * Judicial review threshold — need for decision tainted by illegality, irrationality or procedural impropriety; * Committal — premature before mandamus granted.
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30 September 2013 |
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Court dismissed defamation suit for want of prosecution after plaintiff failed to take steps for over two years.
* Civil procedure – dismissal for want of prosecution – Order 17 r 6(1) – inaction exceeding two years warrants dismissal; * Requirement of evidence for settlement attempts – absence of joint scheduling memorandum or report undermines after‑the‑fact assertions; * Defamation claim – undue delay in prosecution may justify dismissal.
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30 September 2013 |
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Claim for loss from eviction was time-barred; limitation runs from accrual, not from service of statutory notice on the government.
* Limitation of actions – tort claims against the government – two-year limitation period – period runs from accrual of cause of action, not from service of statutory notice on government.
* Pleadings – cause of action must be determined from the plaint – eviction claim distinct from trespass; continuous tort not to be implied where plaint discloses otherwise.
* Civil procedure – suit is instituted for limitation purposes when filed and stamped in court registry.
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26 September 2013 |
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Judgment on admission entered where the respondent clearly admitted breach; Shs 110M awarded, damages and costs reserved.
* Civil procedure – Judgment on admission – Order 13 r.6 CPR – admission must be clear and unambiguous; admitted facts need not be proved (Evidence Act s.22).; * Pleadings and Scheduling Memorandum – parties bound by agreed facts; scheduling conference to identify non-triable issues.; * Relevance of separate third-party suit – different parties and causes of action do not bar determination absent consolidation.
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24 September 2013 |
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Part performance vested the plaintiff with equitable title and specific performance was ordered to complete the land sale.
Equity – Part performance – Payment of part purchase price and taking vacant possession creates equitable title; Specific performance – Appropriate remedy for breach of land sale contract; Clean hands – Conduct frustrating completion defeats claimant’s equitable claim.
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23 September 2013 |
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Late service of a filed written statement of defence does not automatically justify striking it off.
Civil procedure — Order 8 r19 CPR — filing and delivery of defence — no statutory time limit for serving a filed WSD on the opposite party; Order 9 r1 CPR — sealing constitutes filing; counterclaim exceptions under O.8 rr8 & 11; court’s discretion to limit service time.
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23 September 2013 |
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A written statement of defence is effective on proper filing/sealing; delayed service does not automatically invalidate it.
Civil procedure – Written Statement of Defence – filing versus service – O.8 r19 CPR and O.9 r1 CPR – no automatic time limit for serving a filed WSD – counterclaims governed by O.8 r8 and O.8 r11 – discretion to limit service time – striking off WSD for delayed service not warranted without prejudice.
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23 September 2013 |
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Registered title is conclusive; respondent failed to prove kibanja/bona fide occupancy and was held a trespasser.
* Land law – registered (mailo) title – conclusiveness under Registration of Titles Act s.59; impeachment only for fraud. * Kibanja and customary tenure – burden to prove landlord consent or applicable customary law and 12 years unchallenged occupation. * Appellate review – duty to re-evaluate evidence but defer to trial court on demeanour unless plainly wrong. * Locus in quo – visit not mandatory; required only where factual verification of boundaries or features is necessary. * Trespass – unauthorized entry on land in legal possession gives right to sue, evict, injunct and claim damages.
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20 September 2013 |
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The applicant's res judicata and concurrent-jurisdiction objections were premature; the respondent’s substantive suit shall proceed to trial.
* Civil procedure – res judicata – requirements under section 7 CPA – former suit, same parties/title, and final decision on same matter.* Civil procedure – meaning of 'suit' – distinction between substantive suits and interlocutory/miscellaneous applications (Mityana Ginners).* Jurisdiction – concurrent jurisdiction and finality – prior miscellaneous orders do not oust court's original jurisdiction absent final adjudication on ownership.* Pleading res judicata – where contested, merits of succession or title require evidence at full trial.
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18 September 2013 |
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Ex parte decree not set aside where substituted service and service on counsel were proper and applicant had unclean hands.
Civil procedure – ex parte decree – application to set aside under O.9 r.27 CPR; substituted service by newspaper (Daily Monitor, New Vision) valid; service on advocate and process server presumed communicated; applicant must show sufficient cause and prima facie defence; party coming with unclean hands and in contempt disentitled to relief.
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18 September 2013 |
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Leave to amend plaint granted to correct pecuniary value; transfer to Magistrate’s Court refused for lack of justification and jurisdiction.
Civil procedure – Amendment of pleadings – O.6 r.19 CPR – amendment allowed to determine real questions in controversy; Transfer of suits – jurisdiction and onus – High Court retains jurisdiction over title cancellation under RTA; Limitation – preliminary objection premature, merits to be decided in main suit.
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17 September 2013 |