|
Citation
|
Judgment date
|
| April 2014 |
|
|
Review application alleging new evidence and counsel’s error dismissed for lack of competent grounds and missing decree.
Civil procedure – Review – Section 82 CPA and Order 46 r.1 CPR – grounds: discovery of new evidence, mistake apparent on face of record, other sufficient reason; Affidavit formalities – undated jurat not fatal; Requirement to attach signed judgment/decree to review application; Mistake of counsel not a ground for review; Res judicata and locus.
|
30 April 2014 |
|
Originating summons inappropriate where disputed factual issues about title, contractual validity and remedies require a full trial.
Land law – Contract of sale – Appropriateness of originating summons under Order 37 CPR – expired lease and defective title – disputed factual issues (status of property, rights passed, sale vs offer) require full trial, not resolution by affidavit.
|
30 April 2014 |
|
A consequential s.177 RTA order requires proof that specific plots were decreed to and recovered by the applicant against the registered proprietors.
Registration of Titles Act s.177 – consequential orders; requirement that land be recovered by proceedings against the registered proprietor; cancellation of title requires proof of fraud or registrar error; caveats removable only by court order; necessity to join caveator/registered proprietors for fair hearing.
|
30 April 2014 |
|
A purported sale was a loan; subsequent transfers were fraudulent and the purchaser’s title was tainted by false declarations.
* Property law – money‑lending versus sale – deposit of title as security; * Fraud and forgery in land transfers – effect on title; * Bona fide purchaser for value without notice – burden of proof; * Registration of titles tainted by fraud; * Remedies: damages, mesne profits, costs.
|
30 April 2014 |
|
Construction adjacent to leased premises breached quiet enjoyment, allowing the tenant to rescind the lease and discharge future obligations.
* Landlord and tenant – tenancy agreement – covenant of quiet and peaceful possession – breach by landlord’s adjacent construction causing noise and dust.
* Contract law – classification of term – condition versus warranty – importance of extrinsic circumstances and purpose of lease.
* Remedies – rescission for breach of condition – effect of rescission on future obligations (notice, rent, repairs).
* Evidence – credibility and timing of explanations in cross-examination relevant to breach findings.
|
30 April 2014 |
|
|
29 April 2014 |
|
An appeal against orders under Order 52 CPR requires prior leave; absence of leave renders the appeal incompetent and struck out.
Civil procedure – Appeals – Orders under Order 52 CPR not appealable as of right – leave required under Order 44 rules 2–3 – failure to obtain leave renders appeal incompetent and incurable; oral application for leave unsupported by record is ineffective.
|
22 April 2014 |
|
A beneficiary may sue to recover estate land; suit not time‑barred where cause accrued at the sale in 2002.
* Limitation Act – accrual of cause of action in land claims – cause of action accrues on adverse transaction (sale) giving rise to claim.* Succession Act s.264 – scope – does not bar beneficiaries from suing to protect their estate interest where an administrator has been appointed.* Evidence – validity/attestation of will – factual issue not decidable on preliminary objections.
|
19 April 2014 |
|
Buyer’s purported purchase failed where land had been previously sold; judgment on admission requires an on-record application.
Land law – sale of land – prior sale by administrator to third party including beneficiary’s parcel – effect on subsequent purported sale; Civil procedure – Order 13 r.6 CPR – judgment on admission requires an application on record; Restitution – unjust enrichment and remedy where vendor misrepresents title; Pleadings – incorporation of annexures into pleadings.
|
16 April 2014 |
|
Applicant failed to prove proprietary interest; registration by the second respondent procured by fraud and damages awarded.
Land law — proprietary rights of spouses during subsisting marriage — proof required for equitable or beneficial interest; Trusts — three certainties for creation of trust; Registration — caveat removal, registrar procedure, and impeachment of title for fraud; Remedies — damages where cancellation not ordered because third party not before court; Costs apportionment.
|
16 April 2014 |
|
The applicant cannot hold the director personally liable; landlord awarded re‑entry, arrears, mesne profits and damages.
* Land law / Tenancy – breach for non‑payment of rent – landlord’s right to re‑enter and claim vacant possession; mesne profits for post‑judgment occupation.
* Company law – corporate veil – director’s signature and issuance of cheques do not automatically create personal liability absent guarantee or lifting of the veil.
* Civil procedure – default and failure to produce evidence – court may proceed under CPR r.0.17(4).
* Remedies – arrears, mesne profits, general damages, costs and interest.
|
15 April 2014 |
|
Whether UNRA became liable for land-acquisition compensation for the Northern By-pass under the UNRA Act and 2012 Transfer Regulations.
Land law – cause of action – requirement that plaintiff prove a right, its violation and defendant’s liability – UNRA Act and Transfer of Assets and Liabilities Regulations 2012 – successor liability for assets and liabilities – mistaken party sued not necessarily abuse of process.
|
14 April 2014 |
|
Appellate court found trial magistrate mis-evaluated evidence, held respondent trespassed and granted applicant reliefs and costs.
Land law — ownership and possession — Kibanja/equitable interests vs legal title; Trespass — unlawful entry and remedies; Appellate review — duty to determine framed issues and re-evaluate evidence; Documentary evidence — interpretation, admissibility and reliance on surrounding circumstances; Judicial notice and assessment of credibility.
|
11 April 2014 |
|
Court granted a temporary injunction to preserve the applicant’s possession of disputed land pending trial.
Land law – interlocutory relief – temporary injunction to preserve status quo pending trial; possession evidence; American Cyanamid principles – prima facie case; irreparable harm; balance of convenience; costs in the cause.
|
11 April 2014 |
|
Court granted vesting order under Section 167 RTA after applicant proved payment, possession, acquiescence and vendor untraceability.
Land law – Vesting order under Section 167 RTA – Conditions: registered land, full payment, purchaser’s possession, vendor’s acquiescence, transfer unexecuted due to vendor’s death/untraceability – Registrar ordinarily first point of contact – Court may grant vesting order where Registrar/advice directs court application.
|
11 April 2014 |
|
Registration obtained by fraud is void; administrator entitled to cancellation and re-registration of the estate’s title.
Land law – Registered title – Fraudulent procurement of registration – Actual dishonesty required; defaulting transferees’ allegations deemed admitted. Equitable interest – Purchaser acquires equitable title despite unregistered transfer; administrator entitled under Succession Act s.279. Registration of Titles Act s.176(c) – Cancellation/ejectment for fraud. Registration obtained by fraud is void/impeachable.
|
10 April 2014 |
|
Plaintiff failed to prove marriage or that the property was matrimonial; mortgage held lawful and suit dismissed with costs.
Evidence Act s.106 – burden to prove facts especially within party’s knowledge; customary marriage proof; Mortgage Act s.2 – definition of matrimonial home; Land Act (s.38A) – family land and ordinary residence; mortgagee’s prudent inquiry and spousal consent; admissibility and probative value of statutory declarations and documentary evidence.
|
10 April 2014 |
|
Applicant failed to prove a serious question or irreparable harm; interim injunction dismissed with costs.
Land — interim relief — temporary injunction — requirements: serious question to be tried, irreparable harm, balance of convenience — status quo assessed as at filing — allegations of fraudulent title and trespass to be determined at trial — caveat vacation speculative.
|
8 April 2014 |
|
Section 91’s appeal right does not bar High Court suits; the Commissioner can be sued and the plaint shows a cause of action.
Land law – Registration of Titles – Section 91 appeal provision directory; High Court jurisdiction preserved; Commissioner for Land Registration may be sued; pleadings alleging fraud and forged documents can disclose a cause of action against third parties.
|
7 April 2014 |
|
Court struck out respondent's late submissions and granted a limited injunction protecting applicants' customary land occupation pending trial.
Civil procedure – Irregular late filing and abandonment of preliminary objection struck off – Interim relief – Principles for temporary injunction (American Cyanamid) – Prima facie case and proof of title for registered land – Protection of occupation under customary tenure – Preservation of status quo balanced against national security and refugee settlement obligations.
|
4 April 2014 |
|
The applicant's s110 tax charge was valid and the respondent's right to redeem was foreclosed unless taxed sum is paid within six months.
* Tax law – Income Tax Act s110 – registration of charge/interest over land as security for unpaid tax.
* Tax procedure – Income Tax Act s99 – mandatory written objection procedure to assessments and consequences of non-compliance.
* Mortgage law – Mortgage Act s8 – foreclosure of mortgagor’s right to redeem and court-ordered payment period not exceeding six months.
* Finance Act 2008 – effect of tax amnesty on arrears prior to 1 July 2002.
* Remedies – sale by private treaty where redemption not made within court-fixed period; costs awarded to successful applicant.
|
3 April 2014 |
|
Wrong procedural form not fatal; taxation largely upheld but certain unlawful or duplicate items struck off, costs awarded to respondent.
Costs – Taxation of bills – Limits on appellate interference with taxing officers’ assessments; ex parte taxation permitted under Rule 54 where party repeatedly defaults; procedural irregularity (wrong appeal procedure) not fatal where court has jurisdiction and no prejudice.
|
2 April 2014 |
|
Equitable mortgage upheld; mortgagee’s transfers and Registrar’s cancellation were fraudulent and void; title reinstated and US$680,000 refund ordered.
Equitable mortgage — deposit of title and caveat creates equitable mortgage; mortgagee’s conversion of security into sale without foreclosure is fraud — equity of redemption protected; bona fide purchaser protection lost where purchaser had actual or imputed notice; Registrar’s cancellation of title and dismissal of caveat without hearing ultra vires and contrary to natural justice; remedy: declarations, cancellation of transfers, reinstatement of registered proprietor, refund of agreed debt (US$680,000), injunctions and costs.
|
1 April 2014 |