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Citation
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Judgment date
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| May 2019 |
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Missing, unrecorded locus in quo observations rendered the trial defective; retrial ordered to resolve boundary/trespass dispute.
Civil procedure – duty of court to decide disputes; locus in quo inspections – necessity and recording; missing trial record – ground for retrial; land law – conflicts between planning scheme boundaries and long possession; trespass and proof of title by allocation.
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30 May 2019 |
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Failure to inspect the locus in quo amid conflicting physical evidence rendered the trial void and justified a retrial.
Land law – locus in quo inspection; discretionary but imperative where physical facts conflict – purpose to resolve ambivalences in location, boundaries, size, features; civil procedure – failure to inspect may render trial nullity if it causes miscarriage of justice; appellate interference and retrial conditions (nullity, interests of justice, witness availability, no prejudice).
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30 May 2019 |
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Taxing Officer erred by awarding two counsel’s fees and complexity uplift without judicial certificates; bill remitted for re‑taxation.
Costs taxation — appellate review — error in principle vs quantum; party-and-party costs limited by indemnity principle; requirement of trial judge’s certificate for costs of more than one advocate and for complexity uplift; taxation de novo where original taxation fundamentally flawed.
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30 May 2019 |
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A civilian can be tried by court martial under the UPDF Act, but military detention beyond statutory limits is unlawful.
* Military jurisdiction – civilians – UPDF Act s119(1) and s204 – circumstances where civilians become subject to military law; * Statutory instruments – SI 307-8 saved by transitional provisions; SI 13/2006 prescribing arms and ammunition valid; * Constitutional law – Article 120 (DPP) discretionary powers; * Arrest and detention – Criminal Procedure Code exceptions; regulation 5(1)-(2) prohibits prolonged military detention of civilians; * Procedure – recording of statements; alleged contempt to be pursued by specific application.
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30 May 2019 |
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Consent injunction breached willfully but treated as technical; court finds contempt yet declines sanctions, issues caution.
Civil procedure – Contempt of court – Consent injunction – Imputability of knowledge – Standard of proof in contempt proceedings is criminal (beyond reasonable doubt) – Wilful breach of injunction establishes contempt – Judicial restraint in imposing sanctions for technical violations.
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30 May 2019 |
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Whether graves and other physical features on land indicate a permanent gift rather than temporary occupation.
* Land law – ownership v. temporary user – whether physical features and activities on land indicate a permanent gift or temporary occupation.
* Evidence – locus in quo inspection – graves and homesteads as objective corroboration of possession.
* Civil procedure – grounds of appeal – general/vague grounds struck out under Order 43 CPR.
* Appeal – appellate duty to re-hear and re-appraise factual findings.
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30 May 2019 |
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The respondent’s long occupation gave rise to proprietary estoppel, barring appellants from asserting strict title and dispossessing her.
* Land law – title by long possession – proprietary estoppel – equity preventing strict assertion of legal title where respondent exercised long occupation and appellants passively acquiesced.
* Civil procedure – locus in quo inspection – scope limited to evidence given in court; inspection proper where it verifies oral testimony.
* Judicial practice – requirement to give reasons for decision; omission noted but appellate re‑appraisal permissible where evidence supports outcome.
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30 May 2019 |
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Only a court‑appointed manager may claim land for an alleged mentally incompetent person; defendants need counterclaims for affirmative relief.
* Family law – mental incompetency – presumption of soundness of mind – evidence required to rebut presumption – only court‑appointed manager may transact or litigate on behalf of an alleged mentally incompetent person. * Evidence – written instruments – Evidence Act s.91 bars oral alteration or substitution of documentary terms. * Civil procedure – remedies – defendant without counterclaim cannot obtain affirmative relief (declaration, eviction, damages). * Civil appeals – re‑evaluation of locus in quo and factual findings by appellate court.
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30 May 2019 |
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Unrepresented litigants need factual pleadings; usufructuary possession in communal systems is not exclusive ownership.
* Civil procedure – pleadings by self-represented litigants – substantive impartiality requires accommodation but not excusing the need for factual particulars; threadbare conclusory averments inadequate.
* Land law – customary/usufructuary tenure – exclusive possessory/usufruct rights in communal systems do not automatically confer exclusive ownership title.
* Remedies – a defendant without a counterclaim is not entitled to affirmative relief such as declaration of ownership and eviction.
* Evidence – locus in quo inspections verify, not replace, court testimony.
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30 May 2019 |
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Appellant’s conduct evidenced purchase and exclusive possession, so trial finding of trespass was set aside.
* Land law – oral transactions in unregistered land – validity not defeated by absence of writing or neighbour witnesses. * Possession – exclusive possession, conduct and user indicate sale not licence. * Limitation – adverse possession requires possession adverse to owner; licence possession does not give rise to limitation. * Evidence – interest of relatives as witnesses affects credibility but does not automatically invalidate their evidence. * Civil procedure – unrepresented litigants entitled to substantive impartiality but must meet minimum pleading standards. * Contract – consideration must be sufficient but need not be adequate.
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30 May 2019 |
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Appellate court upheld the respondent’s ownership, accepting truthful parts of witness evidence and rejecting the appellant’s contradictory title assertions.
* Evidence — Evaluation of evidence — Court may accept truthful parts of testimony and reject inconsistent parts. * Land law — Proof of title by purchase and possession — corroboration by witnesses and locus in quo visit. * Civil procedure — Grounds of appeal — general/vague grounds struck out under Order 43 CPR.
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30 May 2019 |
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Improper reliance on unsworn locus in quo community evidence misdirected the trial court in a boundary dispute.
* Land law — Boundary disputes — Determination of true boundary where evidence conflicts; weight and hierarchy of boundary evidence (natural monuments, occupation, maps, bearings, area).
* Evidence — Locus in quo — Purpose is to illustrate and test sworn testimony; court must not rely on unsworn statements from unidentified community members.
* Procedural fairness — Improper admission/reliance on extraneous unsworn evidence may amount to misdirection and miscarriage of justice warranting setting aside judgment.
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30 May 2019 |
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Applicant's challenge to respondent's revocation of a lease offer dismissed as lawful and time-barred.
Administrative law — Judicial review versus private-law remedies; offer and revocation — an offer may be revoked before communication of acceptance; District Land Board autonomy — not functus officio on issuing an offer; procedural fairness — investigatory stage may not require full audi alteram partem; public trust doctrine in land administration; limitation — promptness requirement for judicial review.
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30 May 2019 |
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An expired public lease improperly extended; applicants keep possessory rights but lack proven customary title.
* Land law – quiet title and possessory rights – distinction between mere possession and customary ownership; statutory requirements for customary occupation. * Public land administration – District Land Board duties – public trust doctrine, transparency, public notice and participation in lease renewals/extensions. * Lease law – distinction between extension and renewal; expired lease cannot be extended; renewal requires re-survey, revaluation and procedures. * Illegality vitiating title – extension of expired public lease without due process voids registered title. * Remedies – cancellation of title, declaration protecting possessory rights, permanent injunction, costs.
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30 May 2019 |
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Applicants lawfully settled, unlawfully evicted by state agents; court awarded substantial special and exemplary damages.
Limitation law – disability tolling of prescription for displaced persons; Land law – lawful occupation by sovereign allocation; Eviction law – requirements for lawful eviction, notice and compensation; Evidence – assessment and weight of valuation reports based on district compensation rates; Remedies – award of special, general and exemplary damages against State for unlawful, violent eviction.
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28 May 2019 |
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Appeal against taxation dismissed as time-barred; appellant was served and taxation award upheld.
Advocates Act s.62(1) – time limit for appealing taxation; Civil Procedure – service of taxation notice and representation at taxation; Taxation of costs – reasonableness, certificate of complexity, separation of advocates’ costs and bailiffs' fees; Execution – garnishee proceedings arising from taxed costs.
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28 May 2019 |
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Revision dismissed: magistrate had jurisdiction; ex parte hearing justified; sale memorandum supported respondent's ownership.
Civil procedure — Revision under s.83 CPA — scope and purpose; Magistrate jurisdiction — Grade One Magistrate competent to hear land-specific performance and declaratory claims; Ex parte proceedings — justified where party evades service and fails to attend; Evidence — written memorandum of sale and payment acknowledgements supporting ownership.
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28 May 2019 |
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Whether the applicant is entitled to consolidation of two suits raising overlapping land and customary-rights claims against the respondent.
Civil procedure — Consolidation of suits under Order 11 CPR — common questions of law or fact; service and deemed consent; stay of separate proceedings; land dispute involving customary rights, state and National Forestry Authority interests; avoidance of multiplicity of litigation.
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24 May 2019 |
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Court enjoined communications regulator from enforcing suspensions of media staff pending judicial review for insufficient security justification.
Communications regulation – interim injunction – suspension of media personnel – status quo – locus to bring judicial review; constitutional rights – freedom of expression and information – national security invoked as justification; balance of convenience where prima facie case and irreparable harm uncertain; scope of regulator’s powers under communications legislation.
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23 May 2019 |
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A consent order staying execution pending appeal bars subsequent execution; eviction under an expired warrant was void and set aside.
* Civil procedure – consent order – binding effect – consent judgments enforceable until varied or set aside.
* Civil procedure – stay of execution pending appeal – purpose to prevent appeals becoming nugatory.
* Execution law – warrant expiry – execution under an expired warrant is void and subject to nullification.
* Pleadings – cause of action – a party must show interest and violation to be sued; no cause against non-participating parties.
* Remedies – irregular/illegal execution may be set aside and costs awarded against wrongdoers.
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21 May 2019 |
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Applicant granted 30-day extension to lodge appeal due to registry delay and former counsel’s negligence.
Civil procedure – extension of time to appeal – sufficient cause – delay caused by missing court file and former counsel’s negligence – applicant’s diligence – exercise of discretion to enlarge time.
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21 May 2019 |
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The applicant's defamation claim over land‑grabbing allegations was dismissed as the publication was privileged.
Defamation — whether publication imputes criminality or wrongdoing; qualified privilege — occasion where publisher has social/moral duty to inform and public has corresponding interest; fair and accurate reporting of community accusations; defence of justification (truth) and malice; public interest in reporting land-grabbing allegations.
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17 May 2019 |
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A mortgagee/receiver who disburses sale proceeds must prioritize employees’ wage arrears; purchasers without direct dealings are not liable.
Insolvency/receivership-like sale of employer assets – Priority of employees’ wage arrears under Insolvency Act and Employment Act s.48 – Liability of mortgagee/receiver who receives sale proceeds – Non-liability of purchasers absent direct dealings – Remedies: interest, general damages, costs.
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17 May 2019 |
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Borrower’s challenge to sale of multiple mortgaged properties dismissed; bank entitled to recover unpaid loan, interest, damages and costs.
Mortgage and recovery – borrower default – enforceability of sale of multiple mortgaged properties; Loan agreement – contractual right to vary interest and recover costs; Reliefs – injunction to restrain sale and requests for rescheduling; Remedies – repayment order, interest, damages and costs.
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17 May 2019 |
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Short notice of hearing justified setting aside the ex parte order and restoring an inter partes hearing.
Civil procedure – Order 9 rules 20 and 21 – setting aside ex parte orders – insufficient notice – good cause for non-appearance – remedies and factors to consider on delay and prejudice (Phelps v Button); right to fair and speedy hearing (art. 28(1)).
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16 May 2019 |
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Applicant's vague, unparticularised defence warranted conditional leave to defend, subject to deposit of half the claimed sum.
Civil Procedure — Summary suit — Order 36 r.4: requirement to disclose nature, grounds and material facts of defence; bald, vague or sketchy averments insufficient; conditional leave under Order 36 r.8 by way of payment into court where full disclosure lacking; triable issues of fraud and defective workmanship must be particularised.
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16 May 2019 |
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A director who diverts partnership funds can be held personally liable; the applicant recovers unpaid partnership proceeds.
Contract – memorandum of understanding enforceable as contract; Partnership – single‑adventure partnership; Privity – third party not bound; Company law – lifting the corporate veil where director diverts partnership funds; Fiduciary duties – partners’ duty of honesty, loyalty and accounting; Remedies – award of specific sum with interest and costs.
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16 May 2019 |
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Boundary fixed by long acquiescent occupation, not by an unauthorized District Commissioner demarcation.
Land law – Boundary disputes – evidentiary hierarchy for boundaries; long acquiescent occupation and human activities may determine true boundary; consentable boundary requires recognition and acquiescence or dispute-and-compromise; District Commissioner lacked authority to unilaterally demarcate; part‑parcel adverse possession – requirements (exclusive, continuous, notorious, hostile possession for statutory period); award of general damages when trespass not established.
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16 May 2019 |
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Monuments and verified boundaries prevail over admeasurements; respondent proved possession, appeal dismissed.
Land law – boundaries and admeasurements – known and visible monuments prevail over numerical estimates; Evidence – contradictions – materiality vs. collateral discrepancies; Burden of proof – evidential burden shifts after prima facie case; Locus in quo – inspection must be limited and evidence from non-testifying locus witnesses is improper but may be disregarded if sufficiency of other evidence remains.
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16 May 2019 |
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Appellate court held respondent owner; locus in quo physical evidence and plausibility test outweighed appellants' oral claims.
* Land law – locus in quo visits – court should verify only material conflicting physical facts; substantial compliance sufficient.
* Land law – abandonment – involuntary or temporary abandonment does not extinguish pre-existing ownership; intent to abandon required.
* Evidence – burden of proof and plausibility – plaintiff must make version more probable than not; judicial draw impermissible.
* Evidence – physical evidence corroboration – independently verifiable physical features can outweigh uncorroborated oral testimony.
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16 May 2019 |
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High Court may transfer a subordinate-court suit where fairness, jurisdictional competency, and justice require it.
Civil procedure – Transfer of suit under s.18(1)(b) Civil Procedure Act – Preconditions for transfer (competence of originating court; subordination; High Court competence) – Considerations: balance of convenience, expense, undue hardship, stage of proceedings, reasonable apprehension of unfair trial – Transfer in interests of justice.
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16 May 2019 |
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A defendant may be heard despite an improperly filed defence, but cannot recover general damages without a counterclaim.
Civil procedure – Filing of pleadings – requirements for proper filing: receipt stamp, signature, file entry and recital – irregularity may be cured by circumstances; Order 9 r.10 – suit for unliquidated demand may proceed "as if" defence filed and defendant appearing on notice may be heard; Order 8 r.7 – defendant must counterclaim to obtain affirmative relief in damages; Appellate review – grounds of appeal must be specific; appellate re‑assessment of factual findings.
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16 May 2019 |
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Letter accusing a court official of destroying evidence was defamatory; qualified privilege defeated by malice, damages reduced.
Defamation – imputation of criminal offence actionable per se; qualified privilege – burden shifts to plaintiff to prove express/actual malice; public officials – actual malice standard applies; new points on appeal – permitted only where no prejudice or new evidence could have been adduced; appellate interference with damages – only where award is inordinately high or based on error.
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16 May 2019 |
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Appellate court upheld trial finding of respondent’s possession, refused late documentary evidence, and dismissed the appeal with costs.
Appeal – admission of additional evidence on appeal; discretion to admit new documents – factors for refusal. Civil procedure – requirement for judgments to state reasons. Evidence – appellate re-evaluation of credibility, weight of witness testimony, and role of locus in quo. Land disputes – occupation, graves and documentary admissions as proof of possession/ownership.
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14 May 2019 |
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Applicant failed to prove police cancellations of entertainment shows violated constitutional rights; motion dismissed, no costs.
Constitutional rights — freedom of expression; right to work; burden of proof in Article 50 proceedings; Public Order Management Act — distinction between entertainment gatherings and public meetings; investigatory action vs. right to fair hearing.
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10 May 2019 |
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High Court granted mandamus compelling government to pay Equal Opportunities Commission award after certificate was served.
Administrative law – mandamus to compel performance of statutory public duty; enforcement of tribunal awards – certificate of order under Government Proceedings Act s.19; Treasury obligation to pay upon production and service of certificate; requirement of clear legal right, demand and refusal.
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10 May 2019 |
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Whether owner’s signposts restricted an easement or the respondent breached the MOU and lost relief.
Property law – Easement – Scope of memorandum of understanding: right of access versus parking; Owner’s management of land and signposts; Breach of contract – failure to contribute to maintenance; Permanent injunctions – appropriateness when claimant in breach; Appellate reappraisal of evidence.
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10 May 2019 |
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Claim for compensation after rebel attack was time‑barred; insurgency and negotiations did not toll limitation.
Civil procedure – Limitation of actions – Disability (legal incapacity v inability) – Tolling for armed conflict/insurgency – Negotiations and promises do not constitute disability – Section 23 Limitation Act (written acknowledgment/part payment) inapplicable to tort/constitutional claims – Preliminary objection to strike out plaint sustained.
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9 May 2019 |
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Insurgency can toll limitation, but unpleaded fear, negotiations or oral promises do not rescue a time‑barred claim.
Limitation of actions — statutory two‑year period for torts; disability as legal incapacity vs inability; tolling by sustained armed conflict/insurgency; out‑of‑court negotiations and mere promises do not toll limitation; s.23 acknowledgments must be written/signed and apply to limited categories of claims.
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9 May 2019 |
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The applicant failed to prove a better title; locus in quo cannot substitute for missing evidence; appeal dismissed.
Land law – recovery of land – plaintiff must prove a better title than person in possession; locus in quo visits verify evidence, cannot fill evidential gaps; appellate courts generally refuse new evidence obtainable with reasonable diligence at trial.
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9 May 2019 |
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Locus in quo observations corroborating oral testimony can decisively support land ownership; vague appeal grounds are strikeable.
Land law – customary tenure – possession and title; Evidence – weight of oral testimony corroborated by locus in quo inspection and physical evidence; Civil procedure – grounds of appeal must be concise and specific under Order 43 CPR; Appellate review – re-appraisal of credibility where physical evidence supports one version.
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9 May 2019 |
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Revision dismissed: no default judgment warranted; expert fingerprint report inadmissible; registered title indefeasible absent proven fraud.
• Civil procedure – revision v. appeal – scope and limits of revisional jurisdiction; election of remedies and striking out unprosecuted appeal. • Default judgment – counterclaims in unliquidated suits proceed as if defence filed; need to apply for default/partial judgment. • Evidence – admissibility of expert handwriting/fingerprint reports; requirement of authentication, expert qualification, attendance and cross‑examination; documents must be authenticated and chain of custody shown. • Land law – indefeasibility of registered title; cancellation for fraud requires high standard of proof and attribution to transferee.
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9 May 2019 |
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A consensual boundary fixed by elders through mediation is enforceable; no trespass proven and appeal dismissed with costs.
Land law – boundary by dispute and compromise; mediation/elders' settlement minutes admissible and enforceable if parties intended binding terms; trespass to land – burden to prove encroachment; appellate review – re-hearing and weight of locus in quo observations; procedural rules – striking out amended or general grounds filed without leave.
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9 May 2019 |
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An appellant cannot litigate land on behalf of an alleged mentally incompetent person without court appointment; vague gifts of land are void.
Land law – locus in quo inspections; improper recording of new witness testimony at locus in quo; Evidence Act s.166 and Civil Procedure Act s.70. Family law – presumption of mental capacity; only court-appointed manager may litigate for a person of unsound mind (Administration of Estates of Persons of Unsound Mind). Property law – gifts inter vivos of land require certainty of intention, subject matter (ascertainable boundaries) and objects; vague land gifts unenforceable. Civil procedure – grounds of appeal must be specific; general grounds strikeable.
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9 May 2019 |
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Bus driver negligently caused collision; employer vicariously liable; plaintiffs not contributorily negligent and awarded damages.
* Tort — Negligence: duty, breach and causation in a road traffic collision; establishment of liability.
* Vicarious liability — employer held liable for employee driver acting in course of employment.
* Contributory negligence — burden on defendant to prove; absence of proof leads to rejection.
* Remedies — assessment and award of special and general damages, interest and costs.
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8 May 2019 |
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Appellate court set aside judgment, finding claimant failed to prove boundaries and magistrate wrongly relied on locus evidence.
Land law – boundary disputes – proof of title and boundaries – admissibility and weight of locus in quo evidence not given in court – evaluation of contradictory witness testimony – bias allegation against judicial officer.
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8 May 2019 |
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A temporary injunction restraining estate administrators from dealing with disputed land was granted pending the main suit.
* Civil procedure – interlocutory injunction – prima facie case, irreparable injury and balance of convenience
* Probate/administration – letters of administration – alleged mismanagement and claim for revocation
* Land disputes – preservation of status quo pending substantive determination
* Caveat and competing will – effect on emergency injunctive relief
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7 May 2019 |
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A notice of motion is a "suit" for service under Order 5 CPR; long-delayed service without extension renders the motion invalid.
Civil Procedure – Service of process – Whether a notice of motion is a "suit" for purposes of service under Order 5 CPR – Application of Order 5 service time limits to motions – late service without extension renders motion bad in law – counsel’s default attributable to client – setting aside ex parte judgment.
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7 May 2019 |
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Licensed electricity distributor liable for death from negligent installation and failure to remove dangerous illegal connections; 30% contributory negligence.
Tort—Negligence of electricity distributor; duty of care of licensed distributor to remove or make safe illegal/uninsulated connections; admissibility of hearsay evidence; contributory negligence (30%); assessment and apportionment of damages for wrongful death and dependency.
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2 May 2019 |