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Citation
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Judgment date
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| June 2015 |
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A beneficiary may sue to protect her intestate interest even without Letters of Administration; trial should proceed on merits.
Succession law – Locus standi of beneficiaries – Interaction of Succession Act s.188 with s.27 and s.268(b) – Letters of Administration not an absolute bar to a beneficiary suing to protect an intestate interest – Trial court should decide merits, not dispose by technicality.
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30 June 2015 |
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Petitioner failed to prove alleged electoral irregularities; by‑election held lawfully and petition dismissed with costs.
Electoral law – election petition burden and standard of proof; proof requirements for disenfranchisement, bribery, sectarian/defamatory campaigning, unauthorized voting, ballot‑box stuffing, forgery, and improper conduct by electoral officials and candidate’s agents.
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29 June 2015 |
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Judgment set aside for defective plaint and failure to identify or serve multiple defendants, causing procedural unfairness.
Revision — jurisdiction and material irregularity; Civil procedure — defective plaint, omnibus naming of defendants, failure to identify/serve multiple defendants; Natural justice — right to be heard; Locus visit — inadequate record; Customary occupation versus lease-based title.
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26 June 2015 |
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Insufficient proof of non-service and no viable defence justified refusal to set aside default judgment and execution.
Service of process – adequacy of affidavit of service – particulars required under Civil Procedure Rules (place, time, mode, identification); Default judgment – setting aside – need for proof of non-service and a prima facie defence; Association law – authority of chairperson/executive to bind association; Execution – when execution orders will be upheld where service and merits established.
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24 June 2015 |
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Municipal council trespassed and acquired plaintiffs' land without notice or compensation; plaintiffs awarded compensation and damages.
Land law – unlawful acquisition and trespass – failure to give notice and prior compensation contrary to Article 26 and Land Acquisition Act (ss.5–6); valuation evidence accepted; compensation, special and general damages, injunction and costs awarded.
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18 June 2015 |
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An amendment that adds parties and raises the claim materially changes the cause of action and a suit filed in a court lacking jurisdiction cannot be transferred.
• Civil procedure – transfer of proceedings – jurisdictional defects – illegality of suit filed in court lacking pecuniary jurisdiction; transfer impermissible.
• Civil procedure – amendment of plaint – material change of cause of action by adding new party and increased monetary claim.
• Evidence – validity of affidavits – affidavits held properly before court.
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12 June 2015 |
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A subsisting status‑quo court order bars the applicant from obtaining a duplicative interim injunction.
Civil procedure – interim relief – application for temporary injunction – subsisting interlocutory order of lower court maintaining status quo – duplication of orders and abuse of court process. Jurisdiction – competence of Grade I Magistrate to make interlocutory orders directing parties to High Court. Enforcement – duty to attempt enforcement of existing court orders before seeking parallel relief. Remedies – dismissal of application and costs where prior valid order governs the subject matter.
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11 June 2015 |
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Transfer refused where an unfiled amended plaint introduced new party and increased claim, creating an incurable jurisdictional illegality.
Civil procedure – Transfer of proceedings – Pecuniary jurisdiction – Amended plaint introducing increased claim and new party – Illegality of suit filed in court lacking jurisdiction – Requirement to file amendments on record – Remedy is fresh suit in competent court; Affidavit commissioning objections dismissed.
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11 June 2015 |
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Court granted interim division of possession—respondents upper land, applicants wetland—pending determination of main suit.
Temporary injunction – interlocutory relief under Order 41 Rules 1 & 9; tests: prima facie case, irreparable harm, balance of convenience; equitable interest (purchase from estate beneficiaries with administrator's consent) v customary occupation; preservation of status quo pending trial.
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8 June 2015 |
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A land claim based on a deceased owner's estate is time‑barred if limitation began at death and no exceptions are pleaded.
Limitation Act (s.5, s.6(2)) – land claims arising from deceased’s estate – time accrual at death; Pleadings v. evidence – limitation determined on face of plaint; Order 6 r.6 CPR – requirement to plead exceptions to limitation; Failure to plead exceptions renders plaint irredeemably time‑barred.
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5 June 2015 |
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The appellant's appeal allowed: trial magistrate misdirected on evidence and failed to visit locus in quo; retrial ordered.
Land law – appeal – appellate re-evaluation of evidence – misdirection and non-direction by trial court; Admissibility/relevance of clan minutes and Letters of Administration; Locus in quo visits in land disputes – necessity and Practice Direction; Miscarriage of justice – retrial as remedy.
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5 June 2015 |
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Dismissal set aside for procedural unfairness: biased committee, lack of disclosure and denial of opportunity to confront witnesses.
Labour law – unfair dismissal – disciplinary hearing – procedural fairness: proper constitution of tribunal, pre‑trial disclosure of charges and evidence, right to confront witnesses; appearance of bias vitiates outcome; remedies include pension contributions, suspension pay, leave pay, notice pay and aggravated damages.
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5 June 2015 |
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Leave to appeal refused: no arguable point of law, key sale agreement found bogus, new evidence insufficient.
Civil procedure – leave to appeal – application for leave to appeal to High Court from Chief Magistrate refused where no point of law or high chances of success. Review vs appeal – review inappropriate after appellate process; review should be to the court that made the impugned order. Evidence – alleged sale agreement found bogus; newly produced document not 'newly discovered' and delayed. Property law – adverse possession cannot be claimed by a tenant; limitation considerations (12 years) considered.
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2 June 2015 |
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Failure to record locus proceedings did not vitiate judgment; unproven ownership claims dismissed and appeal denied.
Land law — locus in quo visits and recording requirements; burden of proof in ownership/trespass claims; weight of evidence — failure to call witnesses; adverse effect of long delay in challenging possession; costs awarded to successful respondent.
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1 June 2015 |