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Citation
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Judgment date
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| December 2013 |
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A vesting order cannot issue where the seller was not the registered proprietor and had no letters of administration.
Land law – Vesting orders under section 167 RTA – requirements for vesting orders (sale by registered proprietor, full payment, possession, acquiescence, inability to obtain transfer) – registered proprietor deceased – necessity of letters of administration before dealing with estate land – High Court may entertain vesting applications though Registrar is primary forum – supplementary affidavit cannot amend substantive relief.
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19 December 2013 |
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Court granted a temporary injunction preserving occupants' possession of forest reserve land pending trial, finding jurisdiction and prima facie case.
* Civil procedure – Temporary injunction – jurisdiction to grant injunctive relief against a state body – Civil Procedure Act s64(c); Judicature Act ss38(1),13(a); O.41 CPR.
* Interim relief – requirements: maintenance of status quo; prima facie case; risk of irreparable harm; balance of convenience.
* Forest reserve – occupation pending degazettement – question whether occupation is premature to be determined at trial.
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4 December 2013 |
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Administrator’s failure to account and mismanagement warranted revocation of grant and appointment of new administrators.
Succession law – revocation of Letters of Administration – failure to exhibit inventory or account – section 234 Succession Act; Judicature Act s.15 – enforcement of customary decisions not repugnant to natural justice; remedies – revocation, declaration of entitlement, appointment of new administrators, surrender of title, injunction, costs.
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3 December 2013 |
| November 2013 |
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Court finds Special Certificate fraudulently procured, cancels it, restores applicants' title and awards damages.
Land law — competing titles — Duplicate Certificate vs Special Certificate; proof and admissibility of documentary evidence; fraud in procuring registration; Registrar's duty; rectification of Register and damages under Registration of Titles Act.
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29 November 2013 |
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Application to be added as defendant dismissed as premature due to pending administration proceedings determining administrator status.
* Civil procedure – joinder of parties – Order 1 r.13 CPR – interested party must show clear established status or interest.
* Probate/administration – Letters of Administration – competing administrators – jurisdictional restraint where parallel/proceedings pending.
* Lis pendens/concurrent proceedings – court should not determine matters subject to subsisting proceedings in another registry; application held premature.
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29 November 2013 |
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A consent judgment entered without the parties’ express consent may be set aside for material mistake despite absence of proven fraud.
* Civil procedure – Revision under section 83 CPA – High Court may revise magistrate’s record for illegality, material irregularity or miscarriage of justice. * Consent judgments – enforceability – vitiation for fraud, mistake, misapprehension; party consent must be express or apparent. * Advocate's authority – advocate not prima facie a recognised agent able to bind client without instructions. * Inherent powers – section 98 CPA may be invoked to prevent abuse of process and to do justice.
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28 November 2013 |
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Court refused literal enforcement of substituted land; extended lease and ordered allocation of the decretal shortfall under mandamus.
* Judicial review – limitation periods – rule 5(1) subject to statutory execution time limits (rule 5(3)); execution under CPA (s.35) governs timing. * Mandamus – discretionary prerogative remedy to compel performance of public duties; Court focuses on enforcement and decision‑making process. * Consent judgments – enforcement by execution; court may tailor equitable relief under s.37(2) rather than order literal performance when unjust. * Relief crafting – extension of existing lease and allocation of shortfall as just and convenient remedy.
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27 November 2013 |
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A prior registered certificate of title prevails; subsequent duplicate grants are void and subject to cancellation and eviction.
Land law – Registration of Titles – Conclusive effect of certificate of title under s.59 RTA; Concurrent certificates – earlier title prevails and later title issued in error must be cancelled; Remedies – declaration of ownership, cancellation, eviction, damages, costs and interest.
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26 November 2013 |
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A land plaint was struck out as time-barred and for disclosing no cause of action; fraud-based tolling must be pleaded.
* Civil procedure – Limitation – Recovery of land – Section 5 Limitation Act (12 years) – Suit time-barred if no plea of exemption under Order 7 r.6 CPR. * Limitation – Fraud – Section 25 Limitation Act – period does not run until discovery; discovery must be pleaded. * Pleadings – Cause of action – Order 7 r.11 CPR – plaint disclosing no cause of action must be rejected. * Amendment – Order 6 r.19 CPR – substantive defects going to root of claim cannot be cured by amendment. * Transferee liability – to impeach transferee’s title, fraud must be attributable to transferee or transferee must have notice/privity.
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22 November 2013 |
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Applicant's claim failed because a prior court decree revoked his title, so no injunction could be granted.
Land law – judgment in rem; effect of judgment (including court-sanctioned consent judgments) on proprietary rights; review by an "aggrieved person" under Order 46 r.1 CPR/Section 83 CPA; requirements for interlocutory injunction (prima facie case, irreparable harm, balance of convenience).
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14 November 2013 |
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Applicant proved full payment under a consent judgment and is entitled to return of titles and removal of encumbrances.
Land law – Consent judgment – payment of decretal sum by set-off and specific payments – entitlement to release of securities and removal of encumbrances; Civil procedure – admission by failure to rebut affidavit evidence; Judicature Act s.33 – equitable powers to grant consequential relief.
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12 November 2013 |
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Foreclosure sale upheld; purchaser found bona fide for value absent strict proof of fraud; vacant possession granted.
Mortgage law – default and foreclosure sale; service of statutory notice by post; sale by mortgagee by public auction; bona fide purchaser for value without notice; burden to strictly prove fraud; mortgagee’s duty to act in good faith and obtain best price.
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12 November 2013 |
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Consent judgment not set aside on affidavit; applicants ordered to plead and prove alleged fraud; execution stayed.
Civil procedure – consent judgment – setting aside for fraud – fraud must be strictly pleaded and proved; affidavit and police report alone insufficient; res judicata inapplicable where prior decisions dealt with procedure not merits; court-directed pleadings and stay of execution.
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11 November 2013 |
| October 2013 |
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Private Mailo sale and transfer upheld over an alleged Uganda Land Commission lease; injunction, eviction, damages and costs awarded.
Land law – Mailo tenure – validity of leases by Uganda Land Commission – private Mailo land not leasable by ULC; Transfer and sale by estate beneficiary – Letters of Administration validating prior sale; Civil procedure – stay of proceedings – requirement of a previously instituted pending suit between same parties; Evidence – appellate re-evaluation of trial court credibility findings.
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25 October 2013 |
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Third‑party purchasers with equitable interests may be added as defendants if court orders would affect their rights.
Joinder of parties — Order 1 r.10(2) & r.13 CPR — Section 33 Judicature Act — equitable interest of third‑party purchasers — dominus litis subordinate where joinder necessary to avoid multiplicity and enable complete adjudication.
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3 October 2013 |
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A consent judgment signed by counsel is binding; mistake of counsel and delay do not justify setting it aside absent fraud.
* Civil procedure – Consent judgments – Review and setting aside – limited grounds analogous to contract rescission (fraud, collusion, misapprehension, ignorance of material facts).
* Review (Order 46 r.1 CPR) – new and important evidence – must be previously undiscoverable with due diligence.
* Mistake of counsel – not ordinarily ground for review absent fraud/misrepresentation; represented litigant bound by counsel’s acts.
* Procedural – laches/inordinate delay may bar review relief.
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3 October 2013 |
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An affidavit sworn on behalf of co-applicants without filed written authority is incurably defective; application dismissed with costs.
Civil Procedure — Order 1 r.12(2) CPR — Written authority required where one co-party acts for others — Affidavit sworn on behalf of others without signed authority is incurably defective; Letters of Administration do not substitute.
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2 October 2013 |
| September 2013 |
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Written signed authorisation is required for representative joinder; unsigned persons cannot be represented and are struck out.
Civil procedure — Joinder of parties — Representative authority — Order 1 r.12(1)&(2) CPR requires written signed authority — unsigned persons not represented — distinction between representative and agent; Power of Attorney not required — late authorisation does not necessarily invalidate joinder.
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24 September 2013 |
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Court confirms fraudulent property transfer claim, orders foreclosure for loan recovery.
Contract Law – Mortgage – Fraudulent property transfer disputes – Recovery of loan amounts secured by property.
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19 September 2013 |
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Court allowed extension to file amended plaint, finding reasons bona fide and no demonstrated prejudice to the respondent.
* Civil procedure – Amendment of pleadings – Extension of time under O.6 r.25 CPR – Discretionary factors: prejudice to opposite party, avoidance of multiplicity, good faith, and legality.
* Relief – Application for leave to file amended plaint out of time – evidence required to establish prejudice and bad faith.
* Costs – power to award costs where extension is granted.
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11 September 2013 |
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Applicant entitled to interlocutory injunction to preserve pre-application status quo where respondents began development after an earlier court order.
* Civil procedure – interlocutory injunctions – preservation of status quo pending trial – requirements: triable issues, irreparable injury, balance of convenience. * Land law – effect of registered title under Registration of Titles Act at interlocutory stage – not decisive absent trial or proof of fraud. * Contempt/clean hands – commencing development after court order impacts equitable relief. * Interpretation of "status quo" in land disputes – state immediately preceding the complained acts.
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4 September 2013 |
| August 2013 |
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A temporary injunction was granted to preserve land status quo pending resolution of competing ownership claims.
Civil procedure — Interlocutory injunction — Preservation of status quo pending main suit; Prima facie case; Irreparable injury — felling of mature trees and vandalism; Balance of convenience; Ownership disputes for determination at trial.
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29 August 2013 |
| July 2013 |
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Customary lawful occupancy under Section 29(1)(c) can defeat a later leaseholder’s trespass claim absent disclosure or compensation.
* Land law – Customary tenure recognised under Article 237 and Land Act – lawful occupant under Section 29(1)(c). * Registered lease/certificate of title does not automatically extinguish pre-existing customary occupancy absent disclosure and compensation. * Trespass – burden to prove possession; mere registration insufficient if customary occupants not compensated. * Pleading fraud – particulars required; cannot be proved by submissions alone.
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15 July 2013 |
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Appeal allowed where trial court wrongly relied on a void sale agreement and mis-evaluated evidence and pleadings.
Land law – kibanja interest – validity of sale – capacity to sell – letters of administration (Succession Act s.180) – minors executing contracts – departure from pleadings (Order 6 r.7 CPR) – proof of general damages – appellate evaluation of evidence.
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11 July 2013 |
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High Court may order Registrar to cancel a registered proprietor’s title under s.177 RTA after judicial recovery of the land.
Land law – Registration of Titles Act s.177 – Rectification/cancellation of certificate of title following recovery of land by judgment; ex parte applications where Registrar duly served; evidentiary requirement of certified lower court judgment and decree.
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11 July 2013 |
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Applicant failed to prove instruction of counsel or a plausible defence; appeal dismissed with costs.
Civil procedure – setting aside ex parte judgment – requirement to show instruction to counsel and a plausible defence; affidavits governed by Order 19 CPR; hearsay inadmissible; litigant’s duty to follow up counsel; documents introduced at submissions not proper evidence.
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11 July 2013 |
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Plaintiff awarded general damages for government’s prolonged retention of title; interest denied as unpleaded.
Land law – wrongful retention of certificate of title by State officials – loss of use and loss of income – assessment of general damages; Civil procedure – ex parte hearing does not discharge plaintiff’s burden of proof; Pleading requirements – interest must be pleaded and proved before award; Costs – costs follow the event.
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11 July 2013 |
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Mandamus granted to compel the registrar to note re‑entry and cancel a lease after disobedience of a court order.
Judicial review; mandamus to compel administrative action; enforcement of unappealed court decree; contempt for disobedience of court order; protection of property rights (s.26 Constitution).
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11 July 2013 |
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Court found the applicant aggrieved by an ex parte judgment and overruled the preliminary objection, allowing review proceedings to continue.
Judicial review — Review of ex parte judgment — Aggrieved person requirement; Civil Procedure — Order 46 r.1 and s.82 CPA — grounds for review (new evidence, apparent error on face of record); Preliminary objection practice — PO raises pure point of law and assumes facts pleaded; Merits vs. procedural threshold — apparent errors addressed at merits stage.
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4 July 2013 |
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Registrar may refuse execution where the applicant’s title is tainted by an unappealed criminal conviction; vesting order was improper.
Land law – Execution of decrees – registrar’s discretion to refuse execution where decree-holder’s title is tainted by fraud and criminal conviction; Criminal conviction for obtaining registration by false pretences – effect on execution; Appeals – timeliness and certification of appeal documents; Registration of Titles Act s.177 – vesting orders require successful civil action to recover land, criminal proceedings insufficient.
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4 July 2013 |
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The plaintiff was wrongfully evicted from property after landlord's death; court awards damages for unlawful eviction and improvements.
Landlord and tenant law – unlawful eviction – executor's rights without probate – compensatory damages for tenant improvements.
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3 July 2013 |
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Court declared the 2nd Plaintiff the rightful owner due to priority in registration and cancelled Defendant's erroneous title.
Land law – Title registration – Priority of registration determines legality of ownership – Error in issuance of title by land commission
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3 July 2013 |
| June 2013 |
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Applicant granted interim injunction preserving possession pending trial after court found a serious question to be tried and risk of irreparable harm.
Land law – interim injunctions – requirement of a serious question to be tried rather than final determination on the merits; irreparable injury – substantial injury not adequately compensable by damages; balance of convenience – preserving status quo pending trial; effect of non‑reply by a respondent on interlocutory relief.
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27 June 2013 |
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Application to set aside dismissal dismissed: service on counsel effective and insufficient cause shown for non-appearance.
Land — Set aside of ex parte dismissal — Order 9 r22/r23 CPR — Service on recognised agent/counsel under Order 3 r3 — Sufficient cause for non-appearance — Unpleaded lapse of counsel inadmissible evidence.
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27 June 2013 |
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Court dismissed preliminary objections, finding disputed succession and title issues require evidence at trial.
* Civil procedure – preliminary objections – sufficiency of a defence – whether pleadings disclose reasonable answer; * Locus standi – right to sue for recovery of estate property; * Property/ succession – validity and effect of a certificate of succession and registration; * Procedural law – questions of mixed fact and law to be resolved at trial; * Prescription/time-bar pleas – whether suitable for preliminary determination.
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21 June 2013 |
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Court declares the plaintiff the equitable owner of disputed land and awards damages for defendants' interference.
Land Law – Purchase of land – Equitable ownership – Trespass – Remedies for interference with land ownership
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20 June 2013 |
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Payment of mortgage and agent-received funds conveyed ownership of the whole mortgaged property; defendant’s continued occupation unlawful.
Land law – mortgage sale – payment of mortgage debt to bank – whether payment covered whole property; agency – payments made to instructed advocate amount to payment to principal; possession and eviction – unlawful occupation; remedies – vacant possession, injunction, damages, costs; mutation of portion left to vendor.
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19 June 2013 |
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A certificate of title procured by fraud may be cancelled to restore the plaintiff's ownership by adverse possession.
Land law – Registration of titles – Certificate of title conclusive but defeasible for fraud – Fraud and constructive notice – Adverse possession/long possession as evidence of proprietary interest – Court power to cancel and rectify register under RTA ss.176–177.
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19 June 2013 |
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Leave granted to amend pleadings to add additional land; amendment does not change cause of action and is allowed with costs.
Civil procedure – Amendment of pleadings (Order VI r.19) – Whether amendment introduces new cause of action – Avoidance of multiplicity of suits – Substantive justice over technicality – Costs in the cause.
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18 June 2013 |
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16 June 2013 |
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Temporary injunction granted to maintain status quo pending trial due to conflicting respondents and supporting affidavit evidence.
* Civil procedure – interlocutory injunction – maintain status quo – affidavit evidence – conflicting co-defendants’ positions necessitating preservation of suit property.
* Evidence – absence of affidavit in reply and reliance on submissions addressing merits – limited weight in interim applications.
* Costs – costs in the cause awarded with interim relief.
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14 June 2013 |
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Applicants granted temporary injunction restraining respondent from disposing of the suit land pending trial.
Civil procedure – Temporary injunctions – requirements: prima facie case, risk of irreparable injury, balance of convenience; preservation of status quo; effect of respondent failing to file affidavit in reply.
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14 June 2013 |
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Land Division lacks jurisdiction to grant letters of administration; applicants' application procedurally defective and dismissed.
Succession law – letters of administration – forum competence: applications for administration belong in Family Division or via Administrator General, not Land Division; a person cannot be compelled to accept appointment as administrator; affidavit jurat must state place and date (Oaths Act).
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12 June 2013 |
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Applicant may argue new legal grounds on appeal under Order 43 rule 2, but formal amendment and jurisdictional challenge were disallowed.
* Civil procedure – amendment of memorandum of appeal – Order 43 rule 2 permits arguing grounds not included in memorandum on appeal. * Amendment discretion guided by substantial justice, avoidance of multiplicity, absence of mala fides (Cropper v Smith; Gaso Transport). * Jurisdictional challenges may be barred where pleadings expressly admit jurisdiction. * Formal amendment barred where appeal memorandum filed beyond statutory 30‑day period (Order 43 r1; section 79(1)(a)).
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7 June 2013 |
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Application to set aside dismissal refused because unsworn witness statements were inadmissible and plaintiffs failed to prove their case.
* Civil procedure – review – inherent jurisdiction (s.33 Judicature Act; s.98 Civil Procedure Act) – limits where specific review provisions exist (Order 46 CPR).
* Evidence – admissibility – unsworn witness statements not admissible to discharge burden of proof (s.101 Evidence Act; s.10 Oaths Act).
* Ex parte proceedings – burden of proof remains on plaintiff; ex parte does not lower evidentiary standard.
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6 June 2013 |
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An uncontested application supported by the applicant’s affidavit and submissions was allowed; costs awarded due to respondent's non-response.
Civil procedure – uncontested application – failure to file affidavit in reply or written submissions – court may decide on applicant’s affidavit and submissions and grant relief; costs in the cause awarded.
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6 June 2013 |
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Applicant failed to prove the Registrar cancelled his title; court dismissed the application for lack of evidence.
Land registration – Alleged cancellation/confiscation of certificate of title – Registrar’s power to call for duplicate and correct register; Procedural fairness – notice and opportunity to be heard (s.91(8)-(9) Land Act); Burden of proof in ex parte proceedings – applicant must prove changes to register on balance of probabilities; Relief refused where only intent to amend shown and no evidence of actual alteration to title.
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6 June 2013 |
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Court recognises the law firm on record as sole representative; rival firm lacked notice and was dismissed with costs.
Advocates – representation – notice of joint instructions and change of advocate – locus standi of counsel – effect on formalisation of consent judgment; Party identity – company v association – land allocation discrepancy.
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6 June 2013 |
| May 2013 |
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A vesting order under section 167 RTA requires proof of possession and vendor unavailability; lacking these, the applicant's claim fails.
* Land law – Originating summons (Order 37 CPR) – Vesting order under section 167 Registration of Titles Act – Requirements: registered land, full payment, possession with vendor's acquiescence, and vendor dead/out of jurisdiction/unfindable. * Remedy – where section 167 conditions not met, seek recovery of land by civil suit and vesting under section 177 RTA. * Ex parte proceedings – burden of proof remains on applicant.
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30 May 2013 |
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A preliminary objection based on disputed facts and alleged illegality cannot be decided without trial; objection overruled.
Civil procedure – preliminary objection – point of law vs disputed facts – PO inappropriate where extrinsic evidence required; alleged illegality (lack of ministerial consent/written agreement) not susceptible to disposal on preliminary objection; PO must be capable of disposing entire action to be heard pre-trial.
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30 May 2013 |