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Citation
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Judgment date
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| February 2014 |
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The IGG’s directive to cancel the applicant’s registered title was ultra vires; cancellation requires judicial or statutory adjudication.
* Administrative law – judicial review – scope of IGG powers – limits on IGG directing cancellation of registered land titles. * Land law – registration and cancellation – cancellation of title under Land Act s.91 requires competent statutory/court process, not unilateral administrative directive. * Judicial review remedies – certiorari for ultra vires decisions; prohibition/injunction may be academic where orders are quashed or where parties settle. * Constitutional/administrative procedure – allegations about constitutionality or composition of investigatory body must be pleaded and supported by record.
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28 February 2014 |
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Court vacated a long-dormant 1969 attachment on the owner’s title, invoking inherent judicial powers.
* Land law – registration of decrees and attachment orders – effect of dormant decrees on title under Section 135 RTA.
* Civil procedure – ex parte proceedings where respondent fails to file reply – effect of unchallenged evidence.
* Judicial powers – invocation of inherent powers (Section 33 Judicature Act; Section 98 CPA) to vacate improperly continuing encumbrances on title.
* Property rights – protection of registered owner’s right to enjoyment of property against stale encumbrances.
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26 February 2014 |
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Plaintiff proved trespass; awarded Shs.81.3M special and Shs.1B general damages with interest and costs.
Land law – Trespass: unlawful entry where defendant occupied plaintiff’s subdivided plot and blocked access; equitable interest and caveat establish standing; "without prejudice" correspondence admissible where tendered by consent and corroborative; assessment of special damages (strict proof; documentary not always required) and substantial general damages for lost sale and business opportunity; interest and costs awarded.
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25 February 2014 |
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A land recovery claim was within the 12‑year limitation and not time‑barred, with pleaded fraud potentially suspending limitation.
Limitation Act — Section 3(1)(a) (contract: 6 years) vs Section 5 (recovery of land: 12 years); Pleadings-only rule in limitation objections; Section 25 — fraud as an exception to limitation; commencement of limitation when title not delivered or land registered to third party; preliminary objection dismissed.
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25 February 2014 |
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Registration based on documents lacking Illiterates Protection Act certification is void; the estate retains an equitable interest.
Land law – validity of Power of Attorney and Memorandum of Surrender executed for an illiterate – Illiterates Protection Act s.3 mandatory – absence of jurat/certificate renders documents inadmissible – registration based on such documents void – equitable interest preserved.
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25 February 2014 |
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Where possession is disputed, the court may use its inherent powers to restrain all parties from any activity on the land pending trial.
Land — interlocutory relief — temporary injunction principles (American Cyanamid) — prima facie case and triable issues — disputed possession and status quo — court’s inherent/Judicature Act powers to preserve land pending trial — practical enforcement (removal of equipment, notification to local leaders and police).
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24 February 2014 |
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Court upheld the Plaintiff's valid leasehold interest on Defendant's Mailo land and ordered non-interference with occupancy.
Land Law – Registered Proprietorship – Valid leasehold interest – Non-interference with leaseholder's rights – Duty to respect existing lease.
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21 February 2014 |
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Defendant holds valid Mailo title but is bound by the plaintiff’s registered lease; plaintiff to pay outstanding rent and occupation protected.
Land law – Proprietary interests – Mailo title versus leasehold interest – Section 59 Registration of Titles Act – conclusiveness of certificate of title – Effect of purchase subject to existing lease – validity of lease transfer and variation – remedies and costs.
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21 February 2014 |
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Application to strike out suit succeeded where plaintiff sued an entity lacking legal personality.
Land law – capacity to sue and be sued – suit struck out for being instituted against an entity without legal personality; burden of proof on party asserting corporate status; unchallenged affidavit facts deemed admitted; corporate sole (traditional leader) under Art.246(3)(a).
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20 February 2014 |
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Leave to amend to allege fraud and add the Land Registrar was refused due to delay, prejudice and likely introduction of a new cause of action.
* Civil procedure – amendment of pleadings – wide discretion under Order 6 r.19 CPR – limits where amendment causes injustice, introduces new cause of action, or is tainted by delay or mala fides.
* Evidence and procedure – duty to pursue production/interrogatories and diligence in litigation; late disclosure of title and failure to compel production weighs against amendment.
* Land law – alleged fraud in registration and necessity of adding Commissioner for Land Registration as party raise statutory and practical requirements (statutory notices, Land Board involvement).
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19 February 2014 |
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Defendant held a trespasser with no registerable interest; plaintiff granted eviction, injunction, Shs.500,000,000 damages and costs.
Land law – Trespass to land – Whether defendant is trespasser; Lawful/bona fide occupant status – Article 237 and Land Act s29; Caveat law – requirement of ascertainable interest and effect of removal prior to registration; Protection of registered title – Registration of Titles Act s176; Remedies – eviction, injunction, damages and costs.
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14 February 2014 |
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Plaintiff’s concealment of prior mortgage participation amounted to abuse of court process; plaint dismissed with costs.
Land law – mortgage and execution – whether res judicata applies where plaintiff was not party to prior suit – abuse of court process by concealment of material facts and prior participation in mortgage/consent – Protection of Illiterates Act and estoppel – dismissal of plaint with costs; defendants’ counterclaim to proceed.
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14 February 2014 |
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The respondent’s pre‑1995 leasehold is valid; the appellant, heir of a mere licensee, holds no proprietary land right and is a trespasser.
* Civil procedure – jurisdiction of Magistrate Grade I in trespass suits – pecuniary value need not be pleaded; where governed by civil customary law magistrate’s jurisdiction unlimited. * Land law – pre‑1995 acquisitions under Land Reform Decree 1975 – lessee on conversion deemed continued lessee under Land Act s.40(5). * Land law – distinction between licencee/invitee and lawful/bona fide occupant (s.29 Land Act) – licencee confers no proprietary or transferable interest. * Remedies – occupant who is a licencee is trespasser once licence revoked and entitled only to compensation for improvements, not land.
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12 February 2014 |
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A counterclaim is a separate action and cannot be introduced by amending a defence after time.
Civil procedure — Amendment of pleadings — Whether a written statement of defence can be amended to introduce a counterclaim after time; Order 8 r.7 CPR — requirement to plead counterclaim in the defence; Counterclaim — separate action — leave to file out of time required.
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12 February 2014 |
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Court held s.62 time limit directory and allowed out-of-time taxation reference where no prejudice shown.
Advocates Act s.62 – appeal from taxation – 30-day time limit – word "may" construed as directory; Civil Procedure Act s.79(2) – doubtful applicability to s.62 references; Court’s discretion under Article 126(2), s.98 CPA and s.33 Judicature Act to hear appeals filed out of time; No prejudice shown by respondent – preliminary objection overruled.
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10 February 2014 |
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An unjustified caveat by the respondent constituted trespass; applicants awarded removal, possession, injunction and general damages.
* Land law – Registered title and proof of ownership – Effect of registration and transfer by administrator; * Caveat – Lodgement by respondent without producing instrument or proof – invalid caveat; * Trespass – Unjustified caveat and active resistance to occupation as unlawful interference; * Remedies – Declaration of title, removal of caveat, vacant possession, injunction, general damages, costs; * Mesne profits – require pleaded and proved special damages.
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4 February 2014 |