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Citation
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Judgment date
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| February 2013 |
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State restructuring was public-interest but unlawful where statutory acquisition procedures and fair, market-based compensation were not followed.
* Compulsory acquisition – public interest; requirement to follow Land Acquisition Act procedures and constitutional safeguards. * Compensation – must be prompt, fair and adequate and reflect market value at time of payment; disturbance allowance. * Valuation – outdated government valuation insufficient; private valuation by unregistered valuer invalid. * Remedy – fresh independent revaluation appointed by Court, confirmation by Chief Government Valuer; costs and interest.
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27 February 2013 |
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Respondent’s cancellation of applicant’s registered sublease without hearing was unlawful, irrational and subject to judicial review.
Administrative law – Judicial review of public authority’s decision affecting proprietary rights – Illegality, irrationality and procedural impropriety – Time limits for judicial review directory – Remedies: certiorari, prohibition, mandamus, injunction, declarations – Requirement to afford hearing and produce investigation evidence.
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25 February 2013 |
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Suit dismissed for lack of legal personality, defective plaint and no cause of action against the first defendant.
Civil procedure – Preliminary objections – Capacity to sue – NGO/trust entity must prove registration to have legal personality and locus standi; plaint must state correct description and attach registration certificate; cause of action – wrong defendant where statutory land allocation vests in land board; failure to reply to submissions treated as admission; striking out incompetent plaint.
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25 February 2013 |
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Survey and title evidence upheld: the respondent’s registered title stands and the appellant is a trespasser.
Land law – title by registration – certificate of title prima facie conclusive except on proof of fraud; Survey and deed plan evidence critical to determining parcel boundaries; Expiry of lease may leave continuing equitable interest; Procedural irregularities not fatal absent prejudice.
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22 February 2013 |
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Where a land sale is frustrated by third‑party claims, specific performance may be refused and refund plus interest awarded.
Land sale by auction; failure to deliver title and vacant possession; contract frustrated by third‑party claims and interference; specific performance unavailable; restitution (refund) and interest compensation awarded where market valuation not proved.
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20 February 2013 |
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Plaintiff’s claimed purchase failed: sale rescinded, documents unreliable, defendants (administrators) lawful owners; suit dismissed.
Land law – sale of land – alleged sale rescinded for non-payment; forged or inconsistent documentary evidence; fraudulent registration entry; administrators’ rights to estate land and registration; laches and limitation bars relief; possession and eviction remedies; costs awarded to defendants.
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20 February 2013 |
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Applicant failed to prove non-service; court held service valid and dismissed application to set aside ex parte judgment.
* Civil procedure – Setting aside ex parte judgment – Order 9 r12 CPR – requirement to prove non-service on balance of probabilities.
* Service of process – Service on an adult family member and on advocates named on caveat – Order 5 r13 CPR; minor errors in process-server affidavit not fatal if service is otherwise established.
* Land law – Caveats are temporary protective measures; court may order removal and reinstatement limited to residue.
* Discretionary relief – Applicant must show arguable defence and satisfactory cause to reopen judgment.
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20 February 2013 |
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A separate suit cannot challenge execution; bailiff immunity and bona fide purchaser protection preclude plaintiffs' claims.
* Civil procedure – Execution of decree – All questions relating to execution must be determined by the court executing the decree (s.34(1) Civil Procedure Act) and not by a separate suit.
* Judicature Act – Immunity – Bailiff acting under a court decree/warrant enjoys immunity from civil proceedings for acts done in execution (s.46(1) & (2)).
* Registration of Titles – Registered proprietors and bona fide purchasers protected; challenges under s.176 RTA lie only to persons deprived by fraud.
* Pleading – A plaint must disclose a cause of action; Order 7 r.11 dismissal warranted where no cause of action shown.
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15 February 2013 |
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Appeal allowed: plaintiff’s land claim time‑barred and lacked capacity; sale agreement wrongly dismissed without handwriting expert; appellant declared owner.
* Civil procedure – Appeals – requirement to extract decree and file memorandum within 30 days under section 79/Civil Procedure Rules.
* Limitation – Land – Section 5 Limitation Act – action to recover land time‑barred after 12 years from accrual.
* Succession – Capacity to sue – letters of administration/probate required under Succession Act.
* Evidence – Documentary evidence and handwriting – Section 64 Evidence Act and necessity of expert evidence to prove forgery; admissibility under exceptions.
* Appellate review – re‑evaluation of evidence and consequences of trial court’s failure to properly assess evidence.
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15 February 2013 |
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High Court revised magistrate’s ruling for exceeding scope of set‑aside application and making substantive ownership and eviction orders.
Civil procedure – Revision under s.83 CPA – Scope and limits of revision; Miscellaneous application to set aside dismissal – court must confine itself to sufficiency of cause and not determine merits; Counterclaim – magistrate should hear counterclaim before granting relief affecting title; Section 83(e) – hardship defence considered but insufficient to bar revision where material irregularity and injustice exist.
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15 February 2013 |
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Revision dismissed: magistrate lawfully allowed fresh plaint; preliminary objections were non-fatal and costs refusal proper.
Civil procedure – Revision under s.83 CPA; Inherent jurisdiction s.98 CPA; preliminary objections – technical non-fatal defects (Order 7(1)(b)); document translation (s.88 CPA) applicable at tender of evidence; discretion to award costs (s.27 CPA).
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15 February 2013 |
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Court found respondent in contempt for breaching a temporary injunction and ordered two weeks’ committal and costs.
* Civil procedure – Injunctions – breach and contempt – Order 41 r.2(3) – power to attach property and committal to civil prison.
* Contempt – evidence required to prove disobedience – corroboration by police and photographs.
* Validity/enforceability of substituted order – cancellation of earlier order does not negate later served injunction.
* Remedies – committal as coercive/punitive measure; liberty sacrosanct but confinement justified for flagrant contempt.
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12 February 2013 |
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A mortgage or sale of family land without spousal consent under Section 39 is void ab initio; execution may be quashed.
* Land law – family land – Section 39 Land Act – spousal written consent required for transactions affecting land on which one ordinarily resides and derives sustenance; * Transactions without required spousal consent are void ab initio; * Execution and sale under a void transaction or void judgment are themselves void and may be quashed; * Illegality overrides procedural admissions and pleadings.
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8 February 2013 |
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Court cancelled registrations and restored the registered proprietor after finding fraudulent, unlawful transfers and absence of lawful mortgage.
Land law – registration and transfers; validity of transfers effected by completion of blank transfer/consent forms; equitable mortgage and power of sale – need for legal/equitable mortgage registration and court procedure; fraud in land transactions – constructive fraud by agent and imputation to principal; bona fide purchaser for value without notice – burden of proof; pleadings – scope of reply and striking out inconsistent pleadings.
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7 February 2013 |
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Court affirmed that appellants’ entry was trespass and dismissed the appeal with costs.
Land law – trespass – possession as core element – purchaser in possession for years; burden of proof on claimant in civil cases – colour of right and authority to enter – appellate review of trial evaluation of evidence.
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7 February 2013 |