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Citation
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Judgment date
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| November 2016 |
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Appellate court upheld trial finding of customary ownership and trespass; locus visit and evidence evaluation were proper despite procedural lapses.
Land law – customary tenure – proof of ownership – evidence of graves, borehole and old homesteads as corroborative factors. Civil procedure – locus in quo – propriety of inspection in absence of party duly summoned. Evidence – assessment on balance of probabilities; burden of proof on the asserting party. Judicial duties – requirement to give specific findings and reasons (Section 136 MCA). Appeal – appellate re-evaluation of evidence and standard of review.
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1 November 2016 |
| October 2016 |
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Appeal dismissed—appellant lacked legal interest to sustain caveat; widow entitled to letters of administration.
Succession law – grant of letters of administration; Locus in quo – visit unnecessary where in-court evidence suffices; Caveat – must show legal or equitable interest; Appellate duty – re-evaluation of evidence on appeal; Application of Succession Act priority to widow.
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28 October 2016 |
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Appellant failed to prove superior title; magistrate correctly preferred respondents’ consistent oral and documentary evidence.
Land law – ownership dispute – burden of proof on claimant – contradictions in claimant's oral testimony – corroborating oral and documentary evidence of clan division and demarcation – appellate re-evaluation of evidence (Pandya principle) – appeal dismissed.
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28 October 2016 |
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LC1’s execution of a judgment against a non‑party was a material irregularity; the Chief Magistrate’s decree in the applicant’s favour must be executed.
Civil revision — Res judicata where lower court delivered contradictory judgments — LC1 execution against non‑party — Material irregularity/excess of jurisdiction under s.83 Civil Procedure Act — Decree of Chief Magistrate to be executed — Costs follow the event.
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27 October 2016 |
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Whether a purported sale by a non-owner can confer title and whether a long-term occupant may be evicted.
Succession and administration of estates – Letters of Administration and registration of title – Registration under Letters of Administration confers proprietorship; Sale by a non-owner is void – Illegality bars court relief – Possessory rights of long-term bona fide occupant prevent eviction.
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22 October 2016 |
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Whether the respondents established lawful ownership and non-trespass amid disputed boundaries and competing evidence.
Land law – trespass – plaintiff must prove possession or entitlement to possession to sustain trespass claim; Evidence – evaluation of oral and documentary evidence; admissibility of secondary documentary evidence under the Evidence Act when unobjected; Procedure – first appeal as rehearing but appellate court must make allowance for not having seen witnesses; Pleadings – parties cannot raise new grounds or issues not pleaded; Locus in quo and sketch plans as corroborative evidence of boundaries.
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18 October 2016 |
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Court enlarged time to appeal and stayed execution due to counsel’s procedural error and applicant’s medical evidence.
Civil procedure – extension of time to appeal – Section 96 Civil Procedure Act and Order 51 Rule 6 – applicability where time to appeal has expired. Procedural error by counsel – mistake of advocate as sufficient cause for enlargement of time – caution that advocate’s acts normally bind client but must not produce unjust results. Stay of execution pending appeal – prevention of nugatory appeal and protection against substantial non-monetary loss. Medical incapacity and advanced age as factors supporting sufficient cause.
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18 October 2016 |
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Appellants’ appeal allowed: substituted service effective but amendment without leave and ignoring defence caused miscarriage of justice.
Civil procedure – substituted service by publication – effectiveness of publication in local newspaper; Civil procedure – amendment of plaint – requirement of leave under Order 6 Rule 20; Civil procedure – ex parte judgment – setting aside for procedural irregularity and miscarriage of justice; Appeal – appellate court review of trial irregularities and illegality.
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18 October 2016 |
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Appellate court upheld defendant’s possession, found no procedural defects, and awarded costs to the successful party.
Land law – boundary disputes; locus in quo procedure and admissibility of evidence; appellate review of trial evaluation of evidence; costs discretion and requirement for reasons; compliance with Order 21 r 4 CPR.
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2 October 2016 |
| September 2016 |
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Appeal struck off and guardian‑ad‑litem application dismissed where appeal was filed through an unappointed guardian, rendering it premature.
Civil procedure – appointment of guardian ad litem; competency of appeal – filing through unappointed guardian; proof of minority – burden of proof; striking off premature memorandum of appeal; costs for procedural non‑compliance.
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22 September 2016 |
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Fraudulent land transfers and unenforceable mortgage voided; plaintiff restored as rightful owner.
Property law - fraudulent transfer of land title - invalid and unenforceable mortgage - bona fide purchaser obligations.
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19 September 2016 |
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Appeal dismissed — respondent upheld as bona fide occupant; appellant held a trespasser; costs awarded.
Land law – bona fide occupant under section 29(2) Land Act; possession disputes – burden of proof and credibility of documentary evidence; locus-in-quo visit as evidential aid; definition and elements of trespass; appeal as rehearing with caution where appellate court did not see witnesses.
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9 September 2016 |
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Appeal dismissed: sale agreement and locus-in-quo findings sufficiently proved respondent’s possession and title; forgery claim unproven.
Land law – possession and title – admissibility and probative value of a sale agreement; evidence – disputed signatures and need for handwriting expertise; procedure – locus-in-quo inspection and when lack of detailed record amounts to miscarriage of justice; civil appeals – appellate re-evaluation of facts and requirement for specific, not general, grounds of appeal (Order 43 r.1(2) CPR).
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6 September 2016 |
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Appellant failed to prove land ownership; appellate court upheld trial finding and dismissed appeal with costs.
Land law – proof of title – burden of proof on claimant to establish ownership on balance of probabilities. Evidence – appellate re-evaluation of trial evidence (Pandya principle) – credibility and inconsistencies. Possession/occupation and locus in quo inspection as evidentiary support for title. Civil procedure – adequacy of grounds of appeal (Order 43 Rule 1(2)).
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6 September 2016 |
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Applicant’s challenges to limitation, ownership and locus visit dismissed; respondent upheld as landowner and appellant a trespasser.
Civil procedure – preliminary objection – discretion to decide point before, at or after hearing; Limitation – trespass as continuing tort; Evidence – requirement for documents under s.91 Evidence Act and admissibility of secondary/oral corroboration; Land law – proof of ownership and effect of communal ownership claims; Locus-in-quo – visit admissible but omission to reference does not necessarily cause prejudice.
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6 September 2016 |
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Court reviewed its order to cancel respondent’s registration, enter applicant as proprietor and grant vacant possession.
Civil procedure — Review of judgment — Order 46 CPR — review permissible for mistake or error apparent on face of record or discovery of new evidence; Execution of decree — cancellation of respondent’s registration and entry of applicant on title to give effect to decree; Land law — leasehold titles and Registrar’s power — Registrar may cancel but requires specific court direction to issue fresh title; Execution remedies — court may order vacant possession to effect decree; Procedural — locus standi of deponent to affidavit in representative capacity.
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2 September 2016 |
| August 2016 |
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The appellant failed to prove the land formed part of the deceased's estate; ownership upheld in favour of the respondent.
Land law – ownership – whether land formed part of deceased's estate – burden of proof and requirement of evidence (sale agreement/witnesses). Possession and long occupation – adverse possession/ownership inference from long use and improvements. Appellate review – deference to trial court’s findings on credibility and findings after locus visit.
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22 August 2016 |
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Court reduced taxed costs, adjusting attendance fees, struck unsupported attendances, and allowed final bill of UGX 13,569,000.
Taxation of costs – review where taxation proceedings/ruling absent – reliance on court record for attendance verification. Advocates Remuneration and Taxation of Costs Rules r.5(h)(ii) – assessment of reasonable court attendance fees and allowance for inflation. Instruction fees – assessment of reasonableness in land litigation. Duplicate/overlapping bill items – disallowance.
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8 August 2016 |
| July 2016 |
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Chief Magistrate failed to scrutinise LC records; LCIII judgment quashed and retrial ordered before a competent magistrate.
Local Council Courts – jurisdictional limits of L.C.I, L.C.II and L.C.III – L.C.II as appellate forum only; jurisdictional nullity – judgments without statutory jurisdiction are void ab initio; Chief Magistrate’s supervisory duty under s.40 of the Local Council Courts Act – duty to scrutinise entire record on appeal; remedy – quash defective local council proceedings and order retrial before a competent magistrate’s court.
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14 July 2016 |
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The applicant’s application to dismiss the appeal succeeded because the memorandum of appeal was served late without any timely extension.
Appeal procedure – Service of memorandum of appeal – Applicability of Order 5 CPR service rules to appeals and hearing notices; Time limits for service and extension – Order 5(2) & (3) CPR; Dismissal for non‑service or late service without extension; Procedural irregularity – joint affidavit not fatal where grounds are legal and motion clear.
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14 July 2016 |
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Court granted vesting order under s.167 RTA where purchaser paid, took possession and the vendor could not be traced.
Registration of Titles Act s.167 – vesting order – requirements: sale of registered land; full payment; purchaser’s entry and possession; vendor’s acquiescence; transfer not obtainable because vendor dead/out of jurisdiction/untraceable. Civil Procedure Act s.98 – High Court jurisdiction to grant vesting orders where Registrar/Commissioner declines. Evidence of possession and duplicate title sufficient to demonstrate entitlement. Administrators may obtain transfer subject to reflecting estate interests.
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14 July 2016 |
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A person alleging fraudulent transfer of title may obtain an injunction halting sale of mortgaged property without paying the 30% security deposit.
Mortgage law – Mortgage Act 2009 and Mortgage Regulations 2012 – Regulation 13(1) security deposit to adjourn/stop sale – scope of "any other interested party" – interplay with equitable principles for temporary injunctions – fraud in procurement of title and mortgage – preservation of status quo pending trial.
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14 July 2016 |
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Court granted a conditional temporary injunction preserving status quo pending trial, requiring production of approved building plans within 21 days.
Civil procedure – interlocutory injunctions – Order 41 CPR; prima facie case; irreparable injury; balance of convenience; status quo. Physical planning and public health law – requirement for approved building plans; statutory powers to remove/raze unapproved developments. Conditional injunction – applicant required to produce approved plans within 21 days or injunction lapses.
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14 July 2016 |
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Court reduced the respondent’s taxed costs as excessive, re-fixing instruction and attendance and disallowing certain items.
Costs—Taxation—Whether taxation can be set aside where the taxing officer’s ruling and proceedings are absent from the record – court may still assess excessiveness of amounts awarded. Costs—Instruction fees—Appropriate assessment where subject-matter value is indeterminate; need to balance adequate remuneration and access to courts. Costs—Disallowance or reduction of specific items—court attendances, transport and copying expenses.
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8 July 2016 |
| June 2016 |
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Court confirmed Registrar’s discretionary award of Shs.50,000,000 instruction fee as not manifestly excessive or unlawful.
Taxation of costs – instruction fees – discretion of taxing officer – appellate interference only where award is manifestly excessive or manifestly low, or wrong principles applied. Factors for assessing instruction fees – importance, nature and conduct of the case, time taken, impact on parties, and value/location of subject property.
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26 June 2016 |
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A local government can obtain a stay of execution pending appeal without security where eviction would cause substantial public loss.
Civil procedure – Stay of execution – Order 43 Rule 4(3): substantial loss, delay, security; Order 43 Rule 6 – exemption for government (including local government); public interest in preventing eviction of government facilities; costs to abide appeal.
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24 June 2016 |
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A complaint that an appellate court failed to re-evaluate evidence is an appeal issue, not a ground for review; review dismissed with costs.
Civil procedure – Review vs appeal – whether alleged failure of appellate court to re-evaluate evidence is reviewable; Civil procedure – Review grounds under s.82 CPA and Order 46 CPR (error apparent, new evidence); Civil procedure – Enlargement of time under s.96 CPA as alternative to late review; Land law – procedural challenge to appellate disposal of property dispute.
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22 June 2016 |
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Appeal finds trial court mis-evaluated evidence in a disputed right-of-way; orders compensation and valuer assessment.
Land law – easement/right of way – Access to Roads Act – locus in quo visit – evaluation and re-appraisal of evidence – validity of sale agreement – assessment of compensation by certified valuer.
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22 June 2016 |
| May 2016 |
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The court ruled in favor of Defendants, establishing their bona fide occupancy under Ugandan land law.
Land law – Bona fide occupancy – Fraud in land dealings – 'Kibanja' interests – Constitutional protections for occupants.
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31 May 2016 |
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Long undisturbed customary possession vested the respondent with title; male-only inheritance customs rejected.
Land law – possession and title – adverse possession under Limitation Act s.16 (and s.29 for customary land); Customary tenure – clan versus individual ownership; Inheritance – female succession and constitutional prohibition of discriminatory customs (Art.32(2)); Evidence – locus visit and evaluation of possession; Remedies – decree, injunction, vacant possession and costs.
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5 May 2016 |
| April 2016 |
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Mortgagee entitled to foreclose, take possession and sell after statutory default; mortgagor given 30 days to redeem.
Mortgage law – foreclosure and sale – mortgagee’s right to foreclose after statutory default notice under Mortgage Act s.19 and Registration of Titles Act s.117. Redemption – court’s discretion on redemption period; 30 days granted where longer period had already elapsed. Possession – mortgagee entitled to take vacant possession to effect sale. Procedure – originating summons and ex parte hearing proper where service established and respondent silent.
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22 April 2016 |
| February 2016 |
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A valid repossession certificate under the EPA sustains a lawful lease extension; collateral trespass claims fail absent successful appeal.
Land law – Expropriated Properties Act – repossession letter vs repossession certificate; Minister’s decision and finality; Regulation 13 – deemed extension of expired leases; agency and management of repossessed property; remedy by appeal vs collateral challenge in trespass action.
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29 February 2016 |
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Plaintiff’s registered title upheld; defendants failed to prove fraud, held trespassers; injunction and damages awarded.
Land law – conversion of customary tenure to freehold and certificate of title – allegation of fraud in acquisition of title – proof and standard for fraud; Land law – competing customary interests and compulsory proof of occupation; Land surveying – alleged overlap of registered parcels – expert survey evidence; Tort – trespass to land and vicarious liability of principal for agents’ acts; Remedies – declaratory relief, permanent injunction, special and general damages, interest and costs.
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26 February 2016 |
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Defendants declared bona fide occupants; plaintiff’s eviction and injunction claims dismissed.
Land Law – trespass – limitation of claim to registered plot; Kibanja (customary tenancy) – burden and nature of proof; Bona fide occupant – security of occupancy where uninterrupted occupation predates 1995 Constitution; Eviction – cannot be ordered under section 31(1) against bona fide occupants, remedy under section 31(7).
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26 February 2016 |
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The appeal was dismissed: the registered proprietor's entry onto the statutory tenant's kibanja amounted to trespass, justifying damages and injunction.
Civil procedure – res judicata: earlier suit did not finally decide respondent's claim against the appellant; res judicata not established; Evidence – appellate re-evaluation: trial magistrate entitled to prefer respondent's evidence supported by busuulu receipts and physical indicators; Land law – kibanja and busuulu: payments and possession evidence relevant to extent of tenant's kibanja; Land law – mailo title vs statutory tenant: registered proprietor's unauthorised entry can constitute trespass where tenant has statutory protection of physical possession; Remedies – trespass: award of general damages and permanent injunction appropriate where landlord unlawfully cleared crops and built on tenant's possession.
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12 February 2016 |
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Plaintiffs failed to prove customary ownership; registered proprietor lawfully entitled to possession and purchaser held bona fide title.
Land law – custom and customary tenure – proof of customary rights; Registration of title – allegation of fraud must be pleaded and strictly proved; Bona fide purchaser – purchaser for value without notice obtains indefeasible title; Remedies – dismissal of claim, counterclaim succeeds, eviction, permanent injunction, award of general damages; Burden and standard of proof – civil standard, higher for fraud.
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9 February 2016 |
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Civil Procedure|Actions and applications|Orders
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9 February 2016 |
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A registered company retains locus standi to sue; internal disputes over share transfers must be raised in the main suit.
Company law – Separate legal personality of a limited liability company – Capacity and locus standi to sue – Internal disputes over share transfers and administration are to be determined in the substantive action, not by interlocutory dismissal applications.
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8 February 2016 |
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Court permits substantive fraud allegations to be litigated with proper pleadings, not barred by res judicata, and stays execution.
Civil procedure – res judicata – where prior decisions addressed procedural points, res judicata inapplicable; Consent judgments – setting aside for fraud requires strict pleading and higher standard of proof; Affidavit and police report attachment insufficient to prove fraud; Proper pleadings and evidence required; Stay of execution of decree pending full hearing on fraud.
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5 February 2016 |
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Kibanja can support a caveat, but a caveat covering the whole title when the claim is to part is invalid.
Land law – Caveats – Registrable interest – Kibanja as proprietary/customary interest capable of supporting a caveat. Caveat validity – A caveat cannot bar dealings over an entire registered parcel where the caveator’s claim is only to part; such a defect is fundamental and requires striking out. Procedure – Irregular procedural form of interlocutory application not automatically fatal where no prejudice results.
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5 February 2016 |
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Whether plaintiffs’ un-compensated kibanja was trespassed upon by the defendant, entitling them to compensation and damages.
Land law – Mailo title versus kibanja (tenant) interests – proof of occupation and compensation. Evidence – Weight and admissibility of forensic document analysis; preference for oral and corroborative local evidence when forensic findings are inconclusive. Remedies – Monetary compensation for loss of land interest, destruction of crops and trespass; costs and interest.
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4 February 2016 |
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Appellant’s registered title was displaced by respondents’ proven customary/adverse possession; appeal dismissed with costs.
Land law – customary tenure and adverse possession – evidential proof of non‑titled, customary ownership; Certificate of Title under s.59 RTA – conclusive evidence but defeasible where title relates to different land; bona fide purchaser – duty of due diligence beyond registry search; locus visit – discretionary, not mandatory; appellate re-evaluation of evidence.
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1 February 2016 |
| January 2016 |
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Applicant failed to obtain registration because she did not first procure written grounds for refusal or necessary documentary proof under the RTA.
Land registration – Section 182(1) RTA – requirement to request written grounds from Commissioner before summons; Section 165 RTA – summons/production of documents; Registrar’s discretion to require sale advertisement proof; protection of the land register and strict compliance with procedural prerequisites.
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27 January 2016 |
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Respondent’s fencing and taking possession without court execution was unlawful; damages require a separate contested claim.
Land law – execution of decree – decree-holder must apply to court for execution (Order 22 r7 CPR); self-help fencing/possession without execution is unlawful; damages for alleged destruction of crops/trees cannot be awarded on contested affidavit evidence; relief to restore status quo pending appeal.
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27 January 2016 |
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Prima facie proof of a purchaser’s unregistered interest justifies extending a caveat pending the outcome of a related suit.
Land law – Caveats under S.139(1) RTA – Requirement to disclose nature of interest – Prima facie proof of purchaser’s agreement and payments sufficient for temporary protection – Registrar restrained from giving effect to removal application pending substantive suit.
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27 January 2016 |
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A mortgagor must pay the Mortgage Regulations' 30% security deposit before a court will adjourn or stop a foreclosure sale.
Civil procedure – interlocutory injunctions – application of American Cyanamid principles; Mortgage law – Mortgage Regulations 2012 Reg.13 – requirement of 30% security deposit to adjourn or stop sale of mortgaged property; Conflict/interaction between general CPR injunction rules and mortgage-specific statutory regime; Requirement to show prima facie case, irreparable harm and compliance with statutory deposit before court will stay a foreclosure sale.
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27 January 2016 |
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A spouse seeking to stop sale of a mortgaged family home must meet the Mortgage Regulations' 30% deposit or justify exemption.
Civil procedure – temporary injunctions – interplay between equitable injunctions (Order 41 CPR) and statutory regime under the Mortgage Act and Mortgage Regulations 2012 (Regulation 13). Mortgage law – adjournment/stoppage of sale – spouse of mortgagor – 30% security deposit and court’s discretion under Regulation 13(6). Proof required from spouse seeking exemption – evidence of inability to pay or compelling reasons to justify exemption.
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27 January 2016 |