|
Citation
|
Judgment date
|
| June 2013 |
|
|
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.
|
27 June 2013 |
|
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.
|
27 June 2013 |
|
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.
|
21 June 2013 |
|
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
|
20 June 2013 |
|
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.
|
19 June 2013 |
|
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.
|
19 June 2013 |
|
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.
|
18 June 2013 |
|
|
16 June 2013 |
|
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.
|
14 June 2013 |
|
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.
|
14 June 2013 |
|
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).
|
12 June 2013 |
|
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)).
|
7 June 2013 |
|
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.
|
6 June 2013 |
|
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.
|
6 June 2013 |
|
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.
|
6 June 2013 |
|
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.
|
6 June 2013 |