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Citation
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Judgment date
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| April 2015 |
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Applicant lacked a valid interest in the conditional lease and thus could not obtain prerogative relief against the land board.
Judicial review – prerogative orders – certiorari/mandamus/injunction – remedy discretionary and directed at public bodies exercising public functions Administrative law – natural justice – right to be heard depends on existence of a legal interest and the circumstances Land law – conditional lease offers – acceptance, payment and availability as prerequisites Locus standi – applicant’s entitlement dependent on valid underlying title or accepted offer Remedy – where dispute is contractual/commercial, relief may be limited to refund or damages rather than prerogative orders
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28 April 2015 |
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Court verified the applicant’s UACE-equivalent credentials and ordered the party to admit him to its primaries.
Election/party primaries – candidate qualification – verification of academic credentials – recognition of UNEB letter as proof of UACE equivalence. Civil procedure – court’s remedial powers under Section 98, Civil Procedure Act, to order party officials to admit qualified candidates.
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28 April 2015 |
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Appeal allowed: trial court mis-evaluated evidence and made unsupported fraud findings; transfer ordered after balance paid.
Land law – acquisition of bibanja and equitable interest by part payment; rights of bona fide kibanja holders. Evidence – appellate review for mis-evaluation; findings must be supported by pleaded and adduced evidence. Fraud – must be pleaded and proved; court may not make unsupported fraud findings. Civil procedure – issues at scheduling conference bind the trial; court should not decide matters not before it. Locus in quo – absence of visit does not automatically vitiate a judgment where boundaries were not disputed. Damages – general damages require proof and quantification before award.
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27 April 2015 |
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Constitutional and tort claims for property loss during 1981–1983 were extinguished or time-barred; suit dismissed with costs.
Order 7 r.11 — plaint discloses no cause of action; Legal Notice No.1/1986 extinguishing claims (1 Nov 1978–26 Jan 1986); limitation — Cap 72 s.3(1) two-year bar for torts against government; distinction between ex-gratia offers and enforceable admissions/contract; requirement that constitutional remedies not be applied retroactively to pre-constitution acts.
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27 April 2015 |
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Impoundment lawful but excessive detention rendered it unlawful, entitling plaintiff to damages for loss and expenses.
Police powers to impound vehicles; over-detention of property unlawful where investigations are not expeditiously completed; proof and quantification of special damages and loss of earnings; nominal damages for invasion of rights.
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24 April 2015 |
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Administrator cannot acquire registrable land interest where deceased was a mere licencee, not a bona fide occupant.
Land law – Bona fide occupant – meaning under Land Act s.29(2); Licence excluded from bona fide occupancy s.29(4) – licence non-transferable; Letters of Administration do not create registrable interest where predecessor held only a licence.
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23 April 2015 |
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No prima facie case shown; injunction refused where structures unlawfully encroach on public access and KCCA acted within statutory powers.
Civil procedure – Temporary injunction – requirement of a prima facie case before considering balance of convenience and irreparable harm – encroachment on surveyed public access road – compliance with Physical Planning Act and building regulations – local authority’s duty to protect public easements.
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22 April 2015 |
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Court denied extension and leave to appeal, finding inordinate delay, counsel’s dilatory conduct, and no arguable ground to appeal.
Civil procedure – extension of time – sufficient cause – negligence of counsel; Civil procedure – leave to appeal – amendment of pleadings – principles for allowing amendment; Omnibus applications – permissible to avoid multiplicity; Abuse of process – delay and malafide amendments; Costs awarded against unsuccessful applicant.
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20 April 2015 |
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17 April 2015 |
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The applicant’s dismissal under Order 17 r.5 without hearing was erroneous and could not support res judicata; both dismissals were set aside.
Civil procedure – Revision under s.83 CPA – Material irregularity in lower court’s procedure; Order 17 r.5 CPR v. r.6 CPR – Dismissal for want of prosecution/inordinate delay; Res judicata – requirement of final adjudication; Stay of execution and costs.
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16 April 2015 |
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Appellate court finds house jointly acquired during marriage; parties hold equal shares and valuation/buy-out ordered.
Divorce and matrimonial property – Evidence — necessity of sworn testimony under the Evidence Act — unsworn affidavits/addresses insufficient; matrimonial property — non-monetary contributions (labour, supervision, provision of materials) confer an interest; presumption of equal shares absent contrary agreement; independent valuation and buy-out remedy.
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16 April 2015 |
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Registered title obtained through fraud or illegality may be set aside to protect a customary/kibanja interest.
Land law – trespass and boundaries – customary/kibanja interests – Certificate of Title – fraud and illegality in procurement of registration – effect of s59 RTA – cancellation and correction of title – equitable remedies and injunctions.
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16 April 2015 |
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Land
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15 April 2015 |
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15 April 2015 |
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Service of summons on a branch manager constituted effective service on the corporate defendant; appeal dismissed with costs.
Civil procedure – Service of process on a corporation – Order 29 r.2(a) CPR – branch manager can be a "principal officer" for service – setting aside ex parte judgment – misdirection on Order 29 r.2(b) but no prejudice.
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14 April 2015 |
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Appeal dismissed: the land claim was barred by res judicata due to an earlier judgment over part of the same land.
Res judicata – application of section 7 Civil Procedure Act – prior judgment adjudicating part of disputed land bars subsequent suit; land disputes – pleadings must identify whether earlier adjudicated portions fall within current claim; preliminary dismissal where matter already finally decided.
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14 April 2015 |
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Civil Procedure|Land
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10 April 2015 |
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Civil Procedure|Limitation Period|Land
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10 April 2015 |
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Failure to show sufficient cause and evidence of relinquishment defeated application to set aside ex parte judgment.
Civil procedure – setting aside ex parte judgment – sufficient cause to file defence; medical evidence and ability to instruct counsel or agent; prima facie defence – effect of memorandum evidencing relinquishment of interest in suit land; discretionary exercise of court’s power to set aside judgments.
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9 April 2015 |
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Civil Procedure|Parties|Joinder
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8 April 2015 |
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Civil Procedure
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7 April 2015 |
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Bank liable where its auctioneer failed to secure vacant possession; purchaser awarded full refund, damages and costs.
Mortgage sale – auctioneer as agent of mortgagee – liability for failure to secure vacant possession; refund of purchase money including sums paid to auctioneer; special damages for loan interest refused for lack of proof and illegality under Money Lenders Act; award of general damages, interest and costs; cancellation of title.
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7 April 2015 |
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Civil Procedure
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1 April 2015 |