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Citation
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Judgment date
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| December 2014 |
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Longstanding non-payment by a lawful lessee justified lessor’s re-entry and award of vacant possession and damages; relief against forfeiture denied.
Land law – Mailo reversion vs leasehold derived from expropriation sale; effect of Expropriated Properties Regulations on lease term; lessor’s right of re-entry for non-payment of rent under Registration of Titles Act; relief against forfeiture – discretionary relief and long unpaid rent as ground for refusal; remedies – vacant possession, injunction and damages.
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15 December 2014 |
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Temporary injunction granted to preserve disputed land pending trial due to prima facie case and risk of irreparable harm.
Land — Interim relief — Temporary injunction to preserve status quo pending trial; prima facie case; irreparable harm; balance of convenience; deposit of titles with Registrar.
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12 December 2014 |
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The sub‑county was liable for crop/land damage from roadworks; the Attorney General was not vicariously liable.
Land and compensation – proof of ownership and equitable interest; damage to crops from road works; Local Government liability for Sub‑County projects; admissibility and contemporaneity of valuation reports; road reserve doctrine and statutory declaration; vicarious liability – absence of evidence of employee acting in course of employment.
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12 December 2014 |
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Whether a withdrawal notice takes effect on filing and whether a subsequent suit must be stayed for unpaid withdrawal costs.
* Civil procedure - Withdrawal/discontinuance of suit - When notice of withdrawal takes effect; endorsement not required.
* Civil procedure - Subsequent suits - Discretion to stay proceedings under Order 25(4) CPR where costs unpaid.
* Civil procedure - Costs - Section 27(1) CPA grants broad judicial discretion; lower court's costs order is final and reviewable on appeal.
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12 December 2014 |
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Whether caveats protect valid legal or equitable interests and whether they should be vacated under section 139 RTA.
Land law – Caveats under section 139 RTA – Validity requires a protectable legal or equitable interest; notice-motion under s.139 cannot decide substantive disputes (contract validity, fraud, jurisdiction) which require a full suit; non-appearance may lead to vacation of caveat; inability to grant vesting order or special certificate where competing caveats subsist.
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12 December 2014 |
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A purchaser who paid and possessed land while the vendor avoids transfer is entitled to a vesting order and costs.
* Registration of Titles Act – vesting order – requirements: proof of sale, full payment, purchaser’s possession with vendor acquiescence, and inability to obtain transfer because vendor is unavailable or refuses to transfer – remedy: vesting order, survey/curving and registrar to vest title.
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8 December 2014 |
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Interconnected land and car sales vitiated by fraud; contracts set aside, refunds ordered and the plaintiff pays Shs.50,000,000 general damages.
Land sale and sale of goods – interconnected transactions – whether vehicle purchase formed part of land consideration – misrepresentation and fraud vitiating sale – failure of consideration – entitlement to specific performance – refunds, damages and costs.
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5 December 2014 |
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Court struck out absent plaintiffs who failed to comply with a specific court order to appear for identity verification.
* Land dispute – community interest alleged in registered land – challenge to plaintiffs’ identities and existence. * Civil procedure – Order 3 R.1 (representation by advocate) vis-à-vis court-directed personal appearance. * Civil procedure – Order 17/Order 9 CPR – consequences of failing to comply with court order to appear (striking out/dismissal). * Proof of advocate’s instructions – not generally required in open court but personal verification may be ordered where identities are contested. * Procedure for deceased plaintiff – obtain Letters of Administration and effect substitution.
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4 December 2014 |
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Subsequent suit concerning the same property was struck out for lis pendens and abuse of court process; costs awarded.
* Civil procedure – lis pendens – whether subsequent suit raises matters directly and substantially in issue in an earlier suit (s.6 Civil Procedure Act).
* Civil procedure – meaning of “same parties” in lis pendens – practical overlap suffices.
* Civil procedure – multiplicity of suits and abuse of court process – court’s inherent and statutory powers to strike out.
* Reliefs and competent forum – earlier suit competent to grant reliefs sought in subsequent proceedings.
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3 December 2014 |
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Whether a fraudulently obtained title should be cancelled and the plaintiff registered as estate administrator.
Land law – Fraudulent registration of title – Cancellation of title and substitution of administrator under Registration of Titles Act s.176(c) – Award of damages, injunction, costs and interest.
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1 December 2014 |
| November 2014 |
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Tenant liable for rent arrears; as a post-repossession licensee lacked locus to challenge repossession; improvements partly compensated.
Land law – post-repossession tenancy/licensee lacks proprietary interest to challenge repossession; Expropriated Properties Act s.15 time limit; tenancy terms and payment agreement admissible to establish rent arrears; compensation for improvements recoverable but mesne profits require proof of market rent.
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30 November 2014 |
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The court vacated an unjustified caveat and ordered the Registrar to remove it for failure to follow statutory notice procedures.
Registration of Titles Act s140 – caveat removal; Registrar's duty under s140(2) and s149 to serve notice; ex parte consideration where caveator/Registrar default; applicant's duty to adduce credible evidence; unjustified caveat vacated.
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28 November 2014 |
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Court found title procured by forgery; cancelled fraudulent registration, ordered rectification, injunction and damages to the plaintiffs.
Land law – fraudulent registration – forgery of transfer and consent forms – registration procured by fraud is defeasible; evidence of forgery and measurement corroborated by witnesses and handwriting expert; rectification/cancellation of title, award of general damages and permanent injunction; counterclaim dismissed.
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28 November 2014 |
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A suit commenced by a non-existent company is a nullity and cannot be cured by amendment.
* Company law – incorporation – legal capacity to sue under Companies Act; * Civil procedure – nullity – effect of proceedings instituted by a non-existent company; * Amendment of pleadings – inability to cure a nullity by substitution; * Corporate authority – purported company resolution ineffective where company does not exist; * Estoppel – acquiescence cannot validate an illegality.
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26 November 2014 |
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Court overruled objection to late amended plaint, finding no prejudice and allowing the suit to proceed on merits.
• Civil procedure – amended plaint filed out of time – whether non-compliance with court timetable invalidates pleadings; • Civil procedure – removal of party from plaint – effect of omission in joint scheduling conference; • Prejudice requirement – failure to comply with court directions excused where no substantive prejudice and costs suffice; • Distinction between statutory time limits and court directions – court may abridge/extend procedural directions in interest of justice; • Article 126(2)(e) and Judicature Act powers – courts to decide disputes on merits, avoiding technicalities.
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25 November 2014 |
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Minister acted ultra vires and breached natural justice; court quashed directive and prohibited further interference with titles.
Administrative law; judicial review – ultra vires conduct by executive officer; natural justice – audi alteram partem and bias; Land Act jurisdiction – Commissioner of Land Registration empowered to rectify or cancel titles (s.91 and related provisions); remedies – prohibition and certiorari; timing and competence of judicial review application.
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24 November 2014 |
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Appellant failed to prove ownership; customary title upheld and appeal dismissed with costs.
Civil procedure – burden of proof in civil cases; evidence — assessment and credibility; land law – customary title and non-registration; surveying/lease offers do not automatically defeat customary ownership; appellate review of magistrate's evaluation of evidence.
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13 November 2014 |
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High Court set aside land tribunal judgment for procedurally illegal, unrecorded locus in quo dismissal and ordered a retrial.
Land law – Revision jurisdiction – High Court supervisory powers under s.83 Civil Procedure Act and inherent jurisdiction – Locus in quo procedure – Requirement to record locus observations – Material irregularity/illegality vitiating judgment – Illegality overrides other procedural objections – Retrial ordered.
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13 November 2014 |
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Statutory notice was not served before suing government, but appeal dismissed as respondents proved ownership and appellants’ evidence was weak.
* Civil procedure – suits against government – requirement to serve statutory notice under CPL (Misc Provisions) Act 1969 before instituting proceedings – failure to serve invalidates suit in principle.
* Limitation of actions – land actions – 12‑year rule; cause of action accrues when wrongful act (trespass) occurs; plaint must prima facie disclose limitation to raise bar.
* Evidence and title – appellate review of credibility – corroborated documentary evidence and consistent defendant witnesses can establish government title against inconsistent claimant testimony.
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13 November 2014 |
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Failure to visit locus and unresolved survey/registration irregularities rendered trial defective; retrial ordered.
Land law – disputed ownership of municipal land – alleged sale, forgery and unauthorised survey – registration tainted by fraud; pleadings and proof of fraud; section 59 RTA protection limited; duty to visit locus in land disputes; appellate review of factual findings.
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11 November 2014 |
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Transfer refused because High Court exclusively has jurisdiction to cancel title and transfer would not serve justice.
Civil procedure – transfer of suit – Section 18 Civil Procedure Act and Section 217 MCA; Land law – jurisdiction to cancel certificate of title vested in High Court (Section 177 RTA); transfer test – balance of convenience, expense, interest of justice, undue hardship; necessity of stronger reasons than reciprocal inconvenience.
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11 November 2014 |
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A conditional consent sale cannot be executed where the applicant has not paid the full agreed consideration.
* Civil Procedure – Consent judgment – conditional consent to transfer land on full payment – decree must conform to judgment (Order 21 r.6(1)). * Execution – attachment and sale – whether permissible where consideration unpaid and title not passed – sale ultra vires. * Illegality – court may interfere where proceeding/offending order is illegal. * Remedy – set aside judgment, retrial and refund of monies.
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11 November 2014 |
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Appeal allowed and retrial ordered due to incomplete record and procedural denial of a fair hearing.
Land law – trespass and ownership dispute; Civil procedure – incomplete/tampered record; failure to allow plaintiff to begin; improper adoption of uncertified record; reframing/striking issues; denial of fair hearing; illegality warrants interference; retrial de novo ordered.
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11 November 2014 |
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The plaintiff’s title was restored after the court found the transfer forged and the purchaser had constructive notice.
Land law — Registration of Titles — Forged Power of Attorney and fraudulent cancellation of Special Certificate — effect of fraud under s.77 Registration of Titles Act — bona fide purchaser defence — duty of due diligence and constructive notice.
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10 November 2014 |
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Registered proprietor can sue in trespass for unauthorized building and fencing that impairs reversionary interest.
Land law – Trespass – Registered proprietor's legal possession – Owner may sue for trespass despite another's physical occupation; construction of building, perimeter wall and access road on adjoining land without owner's consent constitutes trespass; proof of special and general damages; mesne profits and exemplary damages require supporting evidence.
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8 November 2014 |
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Court removed respondent's caveat, finding the applicant's certificate of title conclusive and respondent's claim unproven.
* Land law – caveat – Removal of caveat where respondent fails to prove an adverse interest or to rebut proprietor’s title; * Registration of Titles Act s.59 – certificate of title conclusive evidence of ownership, impeachable only for fraud; * Evidence – effect of failure to file affidavit in reply/ex parte proceedings; * Agency – effect of death on power of attorney relied upon to support a caveat.
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7 November 2014 |
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A certificate of title bars ejectment under S.176 RTA, but unregistered-interest declarations and damages may proceed.
* Land law – Registration of Titles Act – Section 176 RTA – Indefeasibility of title – Certificate of title an absolute bar to ejectment except in enumerated cases. * Limitation – Section 187 RTA limits statutory recovery actions to six years but does not necessarily bar common-law claims for declaration and damages. * Unregistered interests – entitlement to declaration and compensation despite registered proprietor’s protection from ejectment.
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7 November 2014 |
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The appellant established the respondent failed to prove ownership; photocopy and handwriting opinion were insufficient, and defendants were bona fide purchasers.
* Evidence — Burden of proof of ownership in land claims; trespass requires proof of unauthorized entry. * Evidence Act — Admissibility and weight of photocopies of agreements; originals preferred. * Expert evidence — Handwriting expert opinions are not conclusive and require corroboration. * Property law — Doctrine of bona fide purchaser for value without notice; possession and chain of title. * Civil procedure — Appellate duty to reassess and evaluate all evidence, not only plaintiff's case.
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6 November 2014 |
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Appeal dismissed: bare denials and unpleaded fraud cannot impeach a registered certificate of title; plaint withdrawal limits relief.
Civil procedure – pleadings: bare denials in written statement of defence insufficient; fraud must be specifically pleaded and strictly proved to impeach registered title under RTA; withdrawal of plaint precludes reliance on it; certificate of title prima facie evidence; lodge caveat when land is being surveyed for registration.
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6 November 2014 |
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Consent judgment set aside due to mistaken identity, alleged fraud/forgery, backdating and invalidly commissioned affidavits.
Land law; consent judgment — review and setting aside where mistaken identity, misapprehension of facts, alleged forgery or fraud; consent entered contrary to prior judicial direction; validity of affidavits commissioned by an unlicensed commissioner; third party's right to seek review.
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5 November 2014 |
| October 2014 |
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A sale by a purported administrator under invalid Grade II letters cannot transfer title; the Grade II grant was void for lack of jurisdiction.
* Administration of estates – validity of letters of administration – jurisdictional limits of Grade II Magistrate – nullity ab initio where estate exceeds small-estate threshold.
* Transactions by purported administrators – sale of estate property by person lacking valid authority is void and cannot transfer title.
* Role of Administrator General – certificate of no objection and subsequent High Court grant cure jurisdictional defect.
* Appellate review – duty to evaluate evidence and law; trial magistrate’s failure to decide on validity of competing grants and improper treatment of evidence constitutes reversible error.
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28 October 2014 |
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Fraud discovery tolls limitation, but beneficiaries must prove a proprietary interest to challenge a registered title; challenge failed.
* Limitation Act – s.20 and s.25(a): discovery of fraud tolls limitation period for claims based on fraud.
* Succession Act – s.191 and s.27: beneficiaries’ locus standi to protect an intestate’s estate; where estate has been distributed only affected beneficiaries may sue.
* Registration of Titles Act – s.176(c): immunity of registered proprietors subject to deprivation-by-fraud exception; claimant must prove prior interest and fraud.
* Evidence – validity of historic subdivision and microfilm title records, and requirement that title prints correspond with descriptions.
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27 October 2014 |
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Administrator has locus to sue; plaint discloses fraud cause of action and the case is not moot — trial ordered.
Pleadings — disclosure of cause of action (fraud) on face of plaint; Locus standi — administrator’s right to establish proprietary interests (Succession Act ss.191–192); Preliminary objections — distinction between form and substance of pleading (Baku Raphael principle); Order 6 r.28 CPR — points of law may be decided after hearing; Mootness — expiry of lease and survivorship issues require evidence and determination at trial.
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27 October 2014 |
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Whether continuous, unchallenged occupation since 1960 established bona fide occupancy and supported a trespass judgment despite locus in quo irregularity.
* Land law – kibanja/bibanja holdings – bona fide occupant under s.29(2) Land Act; capacity to sue in trespass. * Trespass – unlawful entry against person in actual or constructive possession. * Pleadings – departure from pleadings; evidence not pleaded may be excluded. * Locus in quo – procedural requirements; improper reception of non-trial witnesses but no miscarriage of justice. * Appellate review – duty to re-evaluate evidence but reluctant to disturb trial fact-finding if not plainly wrong.
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24 October 2014 |
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Court cancels registered title obtained by fraud and protects bona fide occupants with injunction, damages and costs.
Land law – bona fide and lawful occupants – admission in scheduling memorandum – indefeasibility of title – fraud vitiating registration – purchaser's duty of inquiry; invalid extension and special certificate where lease had expired; cancellation of title under Registration of Titles Act; injunction and damages for occupants.
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23 October 2014 |
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Equitable interest from purchase and possession permits cancellation of a fraudulently obtained registered title under Section 177.
Land law – equitable interest on part payment and possession; fraud vitiates registered title; cancellation of title under Section 177 Registration of Titles Act; admissibility/validity of vernacular sale agreements under Illiterates Protection Act; bona fide purchaser with notice.
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23 October 2014 |
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Bona fide purchasers for valuable consideration were upheld as legitimate landowners, no fraud proven by the Plaintiffs.
Land law – Estate administration – Fraud in land transfer – Bona fide purchaser for value without notice – Capacity of executor in real property transactions
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20 October 2014 |
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Affidavit not commissioned and lacking mandatory Illiterates Protection Act certificate bars reinstatement despite counsel’s negligence.
• Civil procedure — Setting aside dismissal of suit — Order 9 r.23 CPR; sufficient cause. • Affidavit formalities — Oaths Act/commissioning requirement; affidavit inadmissible if not sworn before Commissioner for Oaths. • Illiterates Protection Act s.3 — mandatory certificate by writer of document where deponent is illiterate; failure renders document inadmissible. • Motion practice — every motion must be supported by an affidavit (O.51 r.3 CPR). • Costs — discretionary refusal to award costs against an illiterate applicant; denial of advocate–client bill to counsel.
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16 October 2014 |
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Appellant failed to prove an unregistered kibanja or owner’s consent; unauthorised entry amounted to trespass; appeal dismissed.
Land law – unregistered/kibanja interests – burden of proof under Evidence Act; consent of mailo owner required for lawful occupancy; payment/offer vs recognition of kibanja; trespass to land; locus in quo discretionary not mandatory.
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16 October 2014 |
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Application to cancel repossession letter dismissed as valid, effectively managed by agent, and time-barred under limitation law.
* Expropriated Properties Act – repossession letters/certificates – legal force and validity
* Requirement to physically return, reside and effectively manage repossessed property within 120 days – effect of management through an appointed agent/power of attorney
* Registration of Titles Act – validity and effect of powers of attorney appointing agents
* Limitation Act – claims to recover land/cancel repossession subject to 12-year limitation and application of limitation to government
* Procedure – Section 9 ministerial power to retain or dispose of repossessed property and requirement to seek ministerial order before court intervention
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10 October 2014 |
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Revision granted where ex parte judgment was obtained after defective service (hearing notice, not summons), denying right to be heard.
* Civil Procedure – Revision under Section 83 CPA – jurisdictional review where court acted illegally or with material irregularity – ex parte proceedings founded on defective service. * Civil Procedure Rules – Service of process (Order 5) – summons and plaint must be served in prescribed form; hearing notice not a substitute. * Procedural fairness – right to be heard – defective service vitiates subsequent judgment. * Execution – set aside where underlying judgment obtained irregularly.
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10 October 2014 |
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Where dealings and payments are with a company, a director is not personally liable absent pleaded personal cause of action.
Civil procedure – preliminary objection – plaint must disclose a cause of action; Corporate law – separate legal personality (Salomon) – protection of directors from personal liability where acts are on behalf of the company; Pleading – payments and acknowledgements to company fatal to personal claim against director; Order 1 r.7 CPR – joinder only where doubt as to proper party to sue.
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10 October 2014 |
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Appellate court orders retrial where defective, uncertified record and denial of counsel caused miscarriage of justice.
Land dispute; defective and uncertified trial record; inadequate recording of testimony; denial of legal representation; breach of fair trial; mistrial; retrial ordered.
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3 October 2014 |
| September 2014 |
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A registered title is indefeasible absent proven fraud; trespassers evicted and counterclaim dismissed as unproven and time‑barred.
* Land law – Registered title under the Registration of Titles Act – certificate of title conclusive and indefeasible except on proof of fraud.
* Fraud – must be specifically pleaded, strictly proved and attributable to the transferee to impeach registration.
* Trespass – unauthorized entry, clearing, grading, subdivision and development amount to actionable trespass against a registered proprietor in possession.
* Locus standi and limitation – only persons deprived of land by fraud may impeach a registered title; counterclaims attacking long‑standing registrations may be time‑barred.
* Remedies – eviction, perpetual injunction, general damages and costs available to successful registered proprietor.
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30 September 2014 |
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Plaintiff’s equitable interest upheld; titles obtained and derived through fraud cancelled, bona fide purchaser defence rejected.
Land law – fraud in registration; indefeasibility under Registration of Titles Act – section 176(c); bona fide purchaser for value defence; admissibility/weight of ambiguous gift document; remedies: cancellation of title, injunction, damages, costs.
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30 September 2014 |
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The plaintiff’s land recovery claim was dismissed as time-barred; adverse possession was neither properly pleaded nor established.
Limitation of actions – recovery of land – section 5 Limitation Act; administrators – section 15 Limitation Act; nullity of orders of incompetent tribunal; adverse possession – requirements and necessity to plead exemption from limitation (Order 7 r.6 CPR); effect of statute-barred claims on jurisdiction to grant relief.
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26 September 2014 |
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Court refused to reinstate a suit dismissed for delay, holding limitation bars revival and dismissal is final.
* Civil procedure – Order 17 r.6 CPR – dismissal for inordinate delay – remedy of fresh suit subject to limitation. * Inherent jurisdiction (s.98 CPA) – limits where specific statutory remedy exists; cannot revive time‑barred actions. * Limitation – once statute‑barred, suit cannot be revived. * Section 17(2) Judicature Act – dismissal for abuse/delay constitutes final decree.
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19 September 2014 |
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Cause of action accrued when defendant asserted an adverse claim in 2012; suit filed 2013 held not time‑barred.
Limitation Act s.5 (12 years) – accrual of cause of action – acknowledgement exception s.22 – pleading requirement under Order 7 Rule 6 CPR – specific performance framed as recovery of land – preliminary objection dismissed.
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15 September 2014 |
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Appeal allowed and retrial ordered after trial court failed to consider succession occupancy and limitation issues.
Land law – ownership disputes; assessment of locus visit evidence; occupation by succession/inheritance; Limitation Act (s.5) – time bar to recovery of land; appellate review – duty to reassess evidence and order retrial where findings are unsafe.
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11 September 2014 |
| August 2014 |
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Appellate court set aside an improperly recorded consent judgment and ordered a retrial due to absence of a proper signed agreement.
* Civil procedure – Appeals – commencement and limitation – Memorandum of Appeal, S.79 CPA – exclusion of time for uncertified records. * Consent judgments – requirements: clear agreement, ideally reduced to writing and signed; court must satisfy itself parties understand terms. * Review and inherent powers – S.82 and S.98 CPA; limits posed by functus officio; clerical error vs. misapprehension of material facts. * Decree must agree with judgment (O.21 r.6(1)); improperly recorded decrees may be set aside. * Judicial conduct – judicial officers must record clear, unambiguous orders and avoid derogatory language.
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29 August 2014 |