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Citation
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Judgment date
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| February 2026 |
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Registered title confirmed but long-standing occupants granted security of occupancy; eviction and damages denied.
Land law – registered title – indefeasibility and conclusive proof of ownership – security of occupancy – bona fide occupants with long possession – trespass – refusal of eviction, injunction, mesne profits and damages.
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17 February 2026 |
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A challenge to an Assistant Registrar’s order is incompetent by review; the proper remedy is appeal or revision to a Judge.
Civil procedure – challenge to Registrar/Assistant Registrar orders – proper remedy is appeal or revision to a High Court Judge (Order 50/Rule 8), not review under Section 82 CPA and Order 46 CPR; inherent jurisdiction cannot override specific statutory procedure.
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13 February 2026 |
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Application to appoint an administrator pendente lite and add the nominee as party dismissed for lack of connection to the estate.
Succession law — Administrator pendente lite — Letters of administration — Requirement to show nexus/connection to estate and inability/unwillingness of person entitled to administer — Adding representative as party to pending suit.
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13 February 2026 |
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Temporary injunction appeal dismissed as moot; Registrar erred on ownership but applicants failed to show irreparable harm.
Land law – temporary injunction – preservation of status quo – prima facie case and likelihood of success – irreparable injury – limits on interlocutory determination of ownership by Assistant Registrar – appeal rendered nugatory where status quo changed.
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12 February 2026 |
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Application to appoint estate administrators dismissed for non-appearance despite effective ECCMIS service; no costs.
Civil procedure — Electronic service via ECCMIS — Validation of hearing date constitutes effective service — Order 9 Rule 17 dismissal for non-appearance — Succession Act: appointment of estate representatives.
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12 February 2026 |
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Application for a certificate of title dismissed for non-appearance under Order 9, Rule 22; no costs ordered.
Civil procedure – Dismissal for non-appearance – Order 9, Rule 22 CPR SI 71-1 – Affidavit of service sufficiency – Application for certificate of title dismissed; no costs ordered.
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11 February 2026 |
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Appeal dismissed for non-appearance; ECCMIS validation deemed effective service, substantive land issues not determined.
Civil procedure – non-appearance – dismissal under Order 9, Rule 17; Electronic service – ECCMIS validation constitutes effective service; Appeal in land cause not determined on merits due to non-attendance.
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11 February 2026 |
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Application dismissed for non-appearance; ECCMIS notification deemed effective; no order as to costs.
Civil procedure — Non-appearance — Dismissal under Order 9, Rule 17 of the Civil Procedure Rules SI 71-1 — Electronic filing/service via ECCMIS — Validity of hearing notice and system validation — Costs: none ordered.
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9 February 2026 |
| January 2026 |
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Application dismissed for want of prosecution where requisite pleadings were not uploaded on ECCMIS; court relied on its inherent powers.
Civil procedure — want of prosecution — failure to upload/file requisite pleadings on ECCMIS — inherent powers of the court under s.17(2)(a) Judicature Act and s.98 Civil Procedure Act — dismissal — no order as to costs.
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30 January 2026 |
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Applicants failed to prove possession and inability to trace the vendor; vesting order refused and application dismissed.
Land law — Registration of Titles Act s.151 — Vesting order — Requirements: registered title and payment, possession and vendor acquiescence, inability to obtain transfer because vendor dead/out of jurisdiction/untraceable — Registrar’s quasi‑judicial role — Delay as factor in discretionary relief.
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29 January 2026 |
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Application to strike out plaint dismissed for want of prosecution due to failure to prosecute and serve respondent.
Civil procedure – dismissal for want of prosecution – failure to prosecute and non-service – inherent powers of court – Judicature Act s17(2)(a) and Civil Procedure Act s98.
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29 January 2026 |
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Late appeal validated but dismissed; prior veil-lifting justified attachment and execution, costs awarded to respondent.
Civil procedure – extension/validation of appeal period; res judicata – scope to include notices to show cause arising from earlier proceedings; amendments filed out of time without leave; lifting corporate veil – attachment of related assets; objector proceedings and execution.
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29 January 2026 |
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An appeal dismissed for want of prosecution after neither party complied with court directives under Section 17(2)(a).
Civil procedure – Dismissal for want of prosecution – Failure to comply with court directives – Section 17(2)(a) Judicature Act Cap 16 – Appeal dismissed.
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29 January 2026 |
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Suit dismissed for want of prosecution under Order 17 Rule 6(1) and the court’s inherent jurisdiction.
Civil procedure — Dismissal for want of prosecution — Order 17 Rule 6(1) CPR SI 71-1 — Inherent jurisdiction under Section 98 Civil Procedure Act — Plaintiff’s duty to prosecute diligently.
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29 January 2026 |
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Application dismissed for want of prosecution due to non‑compliance with court directives under Section 17(2)(a).
Civil procedure – Case management – Parties' failure to comply with court directives issued on ECCMIS – Dismissal for want of prosecution under Section 17(2)(a) Judicature Act, Cap 16.
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29 January 2026 |
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Application for property division dismissed for non-appearance; ECCMIS e-service recognized; no order as to costs.
Civil Procedure – dismissal for non-appearance – Order 9 Rule 17; Electronic service – ECCMIS validation constitutes effective service; Property – application for severance/partition dismissed on procedural grounds.
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29 January 2026 |
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Application dismissed for want of prosecution after parties failed to comply with court directives under section 17(2)(a).
Civil procedure — Dismissal for want of prosecution — Non-compliance with court directives — Section 17(2)(a) Judicature Act (Cap 16) — Case management and party obligations.
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29 January 2026 |
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Application for stay of execution dismissed for over two years' inactivity under Order 17 r 6(1) and inherent jurisdiction.
Civil procedure – want of prosecution – dismissal for inactivity under Order 17 r 6(1) – inherent jurisdiction s 98 – stay of execution – ECCMIS filing – service and prosecution duties.
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29 January 2026 |
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Suit dismissed for want of prosecution under Order 17, Rule 6(1) and inherent power; no order for costs.
Civil procedure – dismissal for want of prosecution – Order 17, Rule 6(1) Civil Procedure Rules; inherent power of the court – section 98 Civil Procedure Act – plaintiff’s duty to prosecute – discretion as to costs.
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29 January 2026 |
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Stay of execution refused where applicant failed to show a prima facie appeal, imminent execution, or adequate security.
Civil Procedure – Stay of execution pending appeal – Requirements: prima facie likelihood of success, risk of substantial/irreparable loss, no unreasonable delay, security for due performance – Failure to prove appeal filed or willingness to provide security – Application dismissed.
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29 January 2026 |
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Suit dismissed for want of prosecution after over two years' inaction; no order as to costs.
Civil procedure – dismissal for want of prosecution – Order 17, Rule 6(1) CPR – inherent power of court under section 98 CPA – failure to comply with court directions – no costs ordered.
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28 January 2026 |
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Suit dismissed for prolonged inaction under Order 17 Rule 6(1) and inherent powers; no order as to costs.
Civil procedure — Dismissal for inactivity — Order 17 Rule 6(1) CPR — Inherent powers — Section 98 Civil Procedure Act — Plaintiff’s duty to prosecute (Nilani v Patel) — No costs ordered.
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28 January 2026 |
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Res judicata overruled; court added the estate and appointed a beneficiary as administrator pendente lite; costs each party.
Succession Act – appointment of administrator pendente lite – addition of necessary parties under Order 10(2) CPR – res judicata not applicable where prior proceedings dealt with different reliefs – representation of deceased estate in land dispute.
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28 January 2026 |
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Court dismissed land suit for over two years of inaction under Order 17 Rule 6(1) and inherent powers; no costs ordered.
Civil procedure – Dismissal for inactivity – Order 17, Rule 6(1) CPR SI 71-1 – Inherent powers under section 98 Civil Procedure Act – Duty to prosecute claim expeditiously.
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28 January 2026 |
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Suit dismissed for non-prosecution after over two years of inactivity under Order 17 Rule 6(1) and section 98.
Civil procedure – Dismissal for non-prosecution – Order 17, Rule 6(1) CPR SI 71-1 – Inherent jurisdiction under section 98 Civil Procedure Act – Plaintiff’s duty to prosecute (Nilani v Patel).
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28 January 2026 |
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Suit dismissed for non-prosecution exceeding two years under Order 17, Rule 6(1) and the court’s inherent powers.
Civil Procedure — Non‑prosecution — Dismissal under Order 17, Rule 6(1) CPR — Inherent jurisdiction under Section 98 Civil Procedure Act — Duty to prosecute (Nilani v Patel).
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27 January 2026 |
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Applicant’s illness and alleged counsel negligence did not establish sufficient cause to reinstate the dismissed suit.
Civil procedure — Reinstatement of suit dismissed for want of prosecution — "sufficient cause" test — diligence of litigant — limits of excusing client for counsel’s negligence — effect of inordinate delay.
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27 January 2026 |
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Application dismissed for want of prosecution under Order 17 r6(1) and the court’s inherent jurisdiction.
Civil procedure – Dismissal for want of prosecution – Order 17, Rule 6(1) CPR – Section 98 Civil Procedure Act (inherent jurisdiction) – Duty on litigant to prosecute (Nilani v Patel).
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27 January 2026 |
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The respondent’s caveat was maintained where alleged fraud and ongoing litigation implicated the disputed land, preserving the status quo.
Caveat law – Section 123(1) and Section 124(2) Registration of Titles Act – caveatable interest and reasonable cause – allegations of fraud and chain of transfers – caveat to preserve status quo pending related litigation – certificate of title as prima facie evidence of ownership.
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27 January 2026 |
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Ex parte order set aside for lack of effective service on a jailed applicant, restoring right to be heard.
Civil procedure — service of process — non‑service while defendant confined in prison — requirement to serve officer in charge — sufficient cause to set aside ex parte order — right to fair hearing (Article 28).
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27 January 2026 |
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A beneficiary’s counterclaim challenging a land transfer is maintainable; locus and merits require trial, making dismissal premature.
Civil Procedure — interlocutory applications — strike out under s.98 CPA and Order 52 CPR — locus standi of a beneficiary to sue — counterclaim alleging fraudulent transfer of land title — premature application; merits to be determined at trial.
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21 January 2026 |
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Whether advocate-client instruction fees and disbursements are properly taxed under the Sixth Schedule and ECCMIS rules.
Taxation of costs – Advocate-client bill – Application of Advocates (Remuneration & Taxation of Costs) (Amendment) Regulations 2018 (Sixth Schedule) – instruction fees assessed by value and stage of proceedings – ECCMIS filings and certain meetings taxed off – disbursements allowed at scale.
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8 January 2026 |
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Declaratory decree ordering transfer cancellation is self-executing; Registrar rightly entertained execution complaint; application dismissed.
Land law – Execution of decrees – Declaratory orders as self-executing – Registration of Titles Act s.177 – Role of Commissioner of Land Registration – Registrar’s jurisdiction under Order 50 CPR – Contempt and abuse of process in execution proceedings – Lawfulness of possession following voluntary vacation.
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2 January 2026 |
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A stay of execution suspended the restoration obligation, so the respondent was not in contempt for non‑restoration.
Contempt of court — elements and standard of proof; effect of administrative interim orders and stays of execution on enforcement of decretal obligations; execution commenced but stayed; restoration costs claim stayed pending appeal.
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2 January 2026 |
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A caveat can be removed where the caveator relinquished interest by donation and transfer before death, making it redundant.
Land law – Caveat – Removal where caveator relinquished interest by donation and transfer prior to death – Registrar’s power under s.129 Registration of Titles Act – Proof by documentary and forensic evidence – Executors need not be sued where interest passed before death.
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2 January 2026 |
| December 2025 |
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Appeal dismissed for want of prosecution due to undue delay under Order 43, Rule 31 of the Civil Procedure Rules.
Civil procedure — Appeal dismissed for want of prosecution — Undue delay — Order 43, Rule 31 CPR (SI 71-1) — Registrar to obtain judge’s directions — No order as to costs.
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30 December 2025 |
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Applicant’s review succeeded: court found an error apparent (annexures on ECCMIS) and added the applicant as defendant to protect his beneficiary interest.
Land law — review of court orders — error apparent on the face of the record where annexures were filed on ECCMIS but overlooked — joinder/addition of parties — beneficiary’s locus to protect estate interests — avoidance of multiplicity of suits.
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30 December 2025 |
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Court dismissed land suit for plaintiff's prolonged inaction, invoking inherent powers to prevent abuse and delay.
Civil procedure – Dismissal for prolonged inactivity – Inherent powers of the High Court (Judicature Act s17(2)(a); Civil Procedure Act s98) – Abuse of process – Duty of litigant to prosecute – Nilani v Patel authority.
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29 December 2025 |
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An out-of-time, incompetent notice of appeal defeats an application for stay of execution; application dismissed with costs.
Civil procedure — Stay of execution pending appeal — Requirement of competent notice of appeal within prescribed time — Out-of-time notice renders appeal defective — No pending appeal to justify stay under Order 22 R.26/Order 43 R.4(2).
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29 December 2025 |
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Revocation of letters of administration warrants substituting the new administrator as defendant to protect the estate's interests.
Civil procedure – substitution of parties – Order 1 r.13 CPR – revocation of letters of administration – capacity of administrators – Succession Act s.176 – actions of former administrator bind the estate – summons to give evidence.
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26 December 2025 |
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Plaintiff lacked locus standi; land suit dismissed as an abuse of process and costs awarded to the first defendant.
Civil procedure — Locus standi — Challenge to plaintiff's standing to sue in land proceedings — Abuse of court process — Invoked defences: public policy, absolute immunity, advocates' immunity — Procedural dismissal and costs.
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26 December 2025 |
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Whether the applicant is entitled to taxation of an advocate–client bill after proper service and no reply.
Advocates Act — Taxation of advocate–client bill of costs — Service and statutory 30‑day response period — Failure to file affidavit in reply — Effect of uncontroverted averments — Order 12 r.3(2) CPR.
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23 December 2025 |
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Court reinstated a suit dismissed for failure to extract summons for directions, exercising discretion despite counsel’s negligence.
Civil procedure — Reinstatement of dismissed suit — Order XIA r.6 (failure to extract summons for directions) — Discretionary relief — Neglect/mistake of counsel — Reopening miscellaneous application.
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22 December 2025 |
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Caretaker-occupier cannot claim adverse possession; continued occupation after eviction notice constitutes trespass against the applicant.
Land law – leasehold title and renewal – caretaker occupation – adverse possession (animus and consent) – tenant at sufferance – trespass – invalid sale of public/leasehold land – cancellation of freehold offer – mesne profits (proof required) – general damages and eviction.
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22 December 2025 |
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Application dismissed for want of prosecution for failure to comply with court directives under Section 17(2)(a).
Civil procedure – Dismissal for want of prosecution – Non-compliance with court directives issued via electronic case management system – Application dismissed under Section 17(2)(a) Judicature Act, Cap. 16.
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18 December 2025 |
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Court set aside dismissal and reinstated the applicants' appeal, finding sufficient cause to excuse non‑prosecution.
Civil procedure — Dismissal for want of prosecution — Reinstatement — Sufficient cause — ECCMIS notices and administrative file transfers — Counsel’s inadvertence excused in interests of justice — Balancing prejudice and right to fair hearing.
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18 December 2025 |
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Stay of execution pending appeal refused for unreasonable delay, failure to show irreparable harm, and absence of security.
Civil procedure – Stay of execution pending appeal – Requirements: notice of appeal, triable issue with realistic chance of success, irreparable loss, balance of convenience, absence of undue delay, and provision of security – Undue delay and lack of security disentitle applicant to stay – Eviction generally reversible and compensable by damages absent exceptional circumstances.
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17 December 2025 |
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Appeal for interim injunctive relief dismissed as overtaken by events after withdrawal of the underlying suit; no costs.
Civil procedure – Appeal rendered academic – Withdrawal of underlying suit by consent – Interim injunctions – Appeal dismissed as overtaken by events – No order as to costs.
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17 December 2025 |
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Application to set aside ex parte order dismissed for want of prosecution under Section 17(2)(a).
Procedure — Setting aside ex parte order — Non‑compliance with court directives on ECCMIS — Dismissal for want of prosecution under Section 17(2)(a) Judicature Act Cap 16.
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17 December 2025 |
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Appeal dismissed for want of prosecution due to failure to comply with court directives under section 17(2)(a).
Civil procedure – dismissal for want of prosecution – non‑compliance with court directions – ECCMIS filing – section 17(2)(a) Judicature Act, Cap 16.
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16 December 2025 |