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Citation
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Judgment date
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| 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 |