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Citation
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Judgment date
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| December 2017 |
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Registered proprietor entitled to vacant possession, injunction and mesne profits where subsequent occupant purchased without offering land to registered owner.
Land law – Torrens title and indefeasibility; cadastral/deed plan defects and evidentiary limits; pre-emptive right (s.35 Land Act) and void sale; trespass, mesne profits, vacant possession and injunction.
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22 December 2017 |
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22 December 2017 |
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L.C.II lacked jurisdiction so res judicata failed; trial court rightly awarded vacant possession to the respondent.
* Land law – possession and ownership claims by estate administrator – trespass and vacant possession. * Res judicata – requirement that prior decision be by a court of competent jurisdiction and final on the merits. * Jurisdiction – divestiture of L.C. Courts’ jurisdiction over land disputes and vesting in Land Tribunals. * Appellate review – scope of re-hearing on first appeal and assessment of locus in quo findings.
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21 December 2017 |
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Respondent’s 28-year adverse possession vested title despite seller’s defective title and failure to prove customary inheritance.
* Property law – Unregistered land – validity of sale where seller lacks title; * Customary inheritance – burden to prove customary rules and devolution; * Gifts inter vivos under customary tenure – requirements (intent, acceptance, delivery); * Purchaser’s duty of inquiry and constructive notice for unregistered land; * Adverse possession and Limitation Act – extinctive prescription vests title after 12 years.
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21 December 2017 |
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Appellate court reinstated the application, finding the trial court erred by dismissing without considering affidavits showing sufficient cause.
Civil procedure – reinstatement of dismissed proceedings – setting aside dismissal for non-attendance – sufficiency of affidavit evidence and medical proof of counsel’s illness; submission is not evidence; appellate re-evaluation of lower court’s exercise of discretion.
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14 December 2017 |
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Appellant’s prior equitable interest and continuing trespass defeat respondent’s possession; appeal allowed and lower judgment set aside.
Land law – ownership v. possession; tenant by occupancy applies to registered land; trespass as a continuing tort and limitation; evidential weight of sale agreement and locus in quo; appellate review of magistrate’s factual findings.
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14 December 2017 |
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An advocate need not be disqualified under Regulation 9 where he was not listed as a witness and no present reason existed to believe he would testify.
Advocates’ conduct – Regulation 9 Advocates (Professional Conduct) Regulations – Whether an advocate must step down when sought to be called as witness – Test: whether advocate had reason to believe he would be required as witness – Mere speculative intention to call advocate insufficient – Requirement to list advocate as witness under civil procedure rules (O.6 r.2).
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14 December 2017 |
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Appellate court upholds trial findings: major contradictions and suspect sale agreement defeat appellant’s land claim; appeal dismissed with costs.
Land law – title disputes – credibility of witnesses and assessment of documentary evidence; forged or back‑dated sale agreement – major contradictions warrant rejection of evidence; fair hearing – adjournment and non‑attendance of witness; first appeal as retrial – appellate reappraisal of evidence.
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14 December 2017 |
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Sale of jointly-owned family/matrimonial land without spousal consent is void and purchasers are trespassers.
Land Act s.39 – Spousal consent mandatory for sale of family/matrimonial land; Family land – land from which family derives sustenance; Sale without spousal consent void ab initio; Bona fide purchaser for value without notice – burden to prove; Trespass and vacant possession relief.
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14 December 2017 |
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13 December 2017 |
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An unopposed administrator's application granted to remove a respondent's caveat blocking estate land distribution.
* Land law – caveat – removal/striking out of caveat impeding estate distribution; * Succession law – administrator's powers and vesting of intestate property; * Civil procedure – unopposed affidavit evidence treated as unchallenged and admissible where cogent.
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5 December 2017 |
| November 2017 |
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Plaintiff’s suit dismissed: defendant protected as bona fide purchaser and challenge should have been under Order 22 r55.
Civil procedure — Order 22 r55 CPR — objection to attachment/sale in execution; Bona fide purchaser — registered title — protection against prior equitable interests; Cause of action — plaint failing to allege defendant's culpability; Execution sale — challenges must be by objector proceedings.
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28 November 2017 |
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Plaintiff awarded specific performance, damages and costs after vendor breached sale agreement by failing to process/transfer title.
Contract law – sale of land – breach by vendor failing to procure/transfer title and to seek change of user – remedy of specific performance; equitable interest arising on valid contract; eviction and mesne profits inappropriate where purchaser has not paid balance; damages and costs awarded.
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27 November 2017 |
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Registered landowner entitled to possession, demolition, injunction and Shs.20,000,000 general damages after defence struck out.
Land law – Trespass to registered land – Trespass actionable per se; Civil procedure – Striking out defence under Order 6 Rule 30 where no reasonable answer; Remedies – Possession, demolition of structures, permanent injunction; Damages – General damages presumed but claimant must reasonably substantiate extravagant claims; Ex parte proceedings – claimant still bears standard burden of proof.
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22 November 2017 |
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Plaintiff proved ownership and fraud; court cancelled fraudulently obtained title, restored original title, awarded damages, interest and costs.
* Land law – Fraudulent procurement of title – Special duplicate certificate obtained by false claim of lost original title – Registrar of Titles Act s.176–177 – Court’s power to cancel and replace certificates of title.
* Civil procedure – Failure to file defence – constructive admission – suit proceeding ex parte but plaintiff retains burden of proof.
* Remedies – cancellation of title, restoration of original title, award of general damages, interest and costs.
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21 November 2017 |
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Appellate court upheld eviction where respondent's title and evidence outweighed appellant's hearsay inheritance and occupation claims.
Civil appeal – first appellate court’s duty to re-evaluate evidence afresh but respect trial court’s advantage of seeing and hearing witnesses; proof of title and ownership versus hearsay occupation claims; trespass and eviction; weight of locus inspection evidence.
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9 November 2017 |
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Whether a registrar may validly enter and the court should set aside a consent judgment obtained while a matter was pending before a judge.
Land law – consent judgments – registrar’s jurisdiction to enter and review consent orders – validity of consent obtained in absence of counsel or while matter pending before a judge – setting aside consent for fraud, collusion or misapprehension – locus to apply for review.
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9 November 2017 |
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Respondent’s agents trespassed on applicant’s customary land; applicant awarded possession and monetary damages.
Land law – customary tenure – acquisition by gift inter vivos and possession; Trespass – unlawful entry and removal of materials by State agents; Vicarious liability of the Attorney General; Remedies – declaration, vacant possession, permanent injunction, compensation, mesne profits, general and exemplary damages; Constitutional requirement for prior compensation when Government acquires land (Article 26).
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8 November 2017 |
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Unproven illness of counsel does not constitute sufficient cause to reinstate a dismissed suit; application dismissed with costs.
Advocates – duty to attend and to notify court and client of inability to attend; Advocates Act ss.11,14; Proof of sufficient cause for non-attendance – requirement for corroboration; Substantive justice versus procedural default; Dilatory conduct and unclean hands – bars to relief; Application to set aside dismissal and reinstate suit.
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6 November 2017 |
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Court vacated long-dormant caveats where caveators failed to show cause or file affidavits.
Land law – Caveats – Registration of Titles Act s.140(1) – duty of caveator to show cause – unchallenged affidavit evidence – prolonged inaction by caveator justifies vacation of caveat; costs awarded.
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6 November 2017 |
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Applicants claiming prior dealings in the disputed land granted joinder as co-defendants; each party to bear own costs.
Civil procedure – Joinder of parties – Order 1 r.3 CPR – Necessary parties – Interest in disputed land – Evidence of prior allocation and related proceedings – Costs where parties voluntarily joined.
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6 November 2017 |
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High Court refused to cancel a registered title under s.177 RTA because a pending appeal warranted preserving the appellate remedy.
Registration of Titles Act s.177 – discretionary power to cancel certificate of title – ingredients: recovery and unbarred proceedings – pending/intended appeal as legitimate reason to withhold cancellation – preservation of appellate remedy; substantive justice (Art.126(2)(e)).
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6 November 2017 |
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Caveat removed and Shs.5,000,000 awarded where respondent failed to show caveatable interest or reasonable cause.
Land law – Caveats – Removal of caveat for lack of caveatable interest – Failure to show cause – Caveat temporary protection – Registration of Titles Act ss.140 and 142 – Compensation for lodging caveat without reasonable cause.
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6 November 2017 |
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Interim injunction granted to preserve a school where prima facie case, irreparable harm, and balance of convenience favored the applicant.
Interim injunction — requirements: prima facie case; irreparable injury not compensable by damages; balance of convenience and preservation of status quo — protection of school pending substantive proceedings.
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2 November 2017 |
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An amendment that changes a plaint’s cause of action to a different character is inadmissible and the fraud claim was defective and time‑barred.
Civil procedure – Amendment of plaint – Amendment refused where it substitutes a distinct cause of action or changes the subject matter; Pleadings – Cause of action must be disclosed; Fraud – particulars and dates mandatory; Limitation – action founded on fraud runs from discovery; Consent to amend does not validate an otherwise impermissible amendment.
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1 November 2017 |
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A valid registered certificate of title prevails absent fraud; unregistered occupiers are trespassers and liable to eviction.
* Land law – Registration of Titles Act (s.59, s.176) – Certificate of title prima facie conclusive and protects registered proprietor except for fraud. * Land law – Trespass – Occupation by unregistered claimants constitutes trespass against registered proprietor. * Evidence – Evaluation of contradictory and uncoordinated witness accounts – appellate re‑evaluation and reasons required. * Transfer formalities – Blank or unsigned transfer forms and unregistered interests do not defeat registered title.
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1 November 2017 |
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Temporary injunction refused where applicant failed to establish prima facie case and registered proprietor’s title warranted protection.
Land law – Temporary injunction – Requirements: prima facie case, irreparable injury, balance of convenience – Registered proprietor protection under s.59 Registration of Titles Act – No injunction where property not shown to be in danger and damages available.
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1 November 2017 |
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Application to set aside decree dismissed because identical issues were already pending in the Execution Division under Section 6.
* Civil Procedure Act s.6 – res sub judice – where a matter is directly and substantially in issue in previously instituted proceedings the court is barred from proceeding; preliminary objection upheld. * Forum non conveniens in procedural context – matter pending in Execution Division must be pursued there. * Dismissal for being barred by prior pending proceedings; costs awarded to respondent.
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1 November 2017 |
| October 2017 |
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Disputes among cooperative members must first go to arbitration/board; courts are appellate, so the appeal was premature.
Co‑operative Societies Act – s.73 arbitration – disputes among members must be referred to arbitration and board before court; appeal route, not first instance. Civil procedure – extraction of decree technicality; appeals not necessarily defeated by delay where certified copy requests made. Jurisdiction – High Court/Magistrates as appellate forums for cooperative disputes.
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31 October 2017 |
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Plaintiff permitted to withdraw long‑pending civil suit after criminal court cancelled the disputed title; withdrawal granted without costs.
Civil procedure – Withdrawal of suit where related criminal proceedings have cancelled the disputed title; effect of criminal court orders on parallel civil proceedings; application of Judicature Act s.17(2)(a) to curtail delay; costs – withdrawal granted with no costs.
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31 October 2017 |
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Plaintiffs proved an equitable interest by occupation but not legal title; defendant’s title to disputed 258 ha was invalid and damages awarded.
Land law – equitable interest by occupation and application; alleged fraudulent title – invalid/expired title; priority of equities; remedies – damages awarded (general and exemplary), mesne profits refused; land reverts to District Land Board for allocation.
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31 October 2017 |
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The court found the applicants’ land titles fraudulent, cancelled them, and restored respondents’ ancestral trust title.
Land law – title fraud – root title and succession documents – clan/ancestral rights – discovery of fraud and limitation (Limitation Act s.25) – cancellation and substitution of certificates of title (Registration of Titles Act s.177).
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31 October 2017 |
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First-in-time equitable interest and long possession prevail where respondent failed to prove a statutory lease or title.
Land law – competing equitable interests – priority in time (qui prior est tempore) – absence of documentary lease or title – long possession and allocation pre-dating rival claim – trespass claim defeated where equitable interest established.
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31 October 2017 |
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Appellant's failure to pay the balance allowed vendor to rescind and sell to respondent; appeal dismissed, refund interest awarded.
* Land law – sale of customary land – effect of part payment: equitable interest versus vendor’s right to rescind for non‑payment. * Contract – repudiatory breach and rescission: vendor’s election to terminate sale for continued non‑payment. * Evidence – admissibility/weight of police statements and later written acknowledgements alleged to be obtained under duress. * Civil procedure – appellate re‑appreciation of evidence where trial court’s evaluation is impugned.
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31 October 2017 |
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31 October 2017 |
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The applicant’s trespass claim for property damage was dismissed as time-barred despite prior criminal convictions.
Trespass to land; admissibility of criminal conviction as evidence in related civil proceedings; proof and assessment of special and general damages (valuation evidence); limitation of actions — accrual of cause of action and six-year bar.
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30 October 2017 |
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The plaintiff was permitted to re-open their case to testify, prioritizing substantive justice over counsel’s error.
Civil procedure – Re-opening a closed case; counsel’s error – litigant not penalized; Power of Attorney – defence exhibit does not necessarily bind principal; prejudice and miscarriage of justice – absence of defence commencement; constitutional imperative (Article 126(2)(e)) – substantive justice over technicalities.
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30 October 2017 |
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Application to set aside dismissal dismissed for wrong procedure, lack of sworn proof, and inexcusable counsel conduct.
Civil procedure – Application to set aside dismissal – Proper procedure: Notice of Motion under O.52 r1 unless chamber summons expressly allowed; Insufficient cause to set aside dismissal where counsel’s inexcusable absence and lack of sworn evidence; Counsel’s oral evidence across the bar irregular.
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30 October 2017 |
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Appellate court quashed summary dismissal and unproven substantive orders, remitting the estate dispute for full hearing before another magistrate.
Civil procedure – preliminary objections – summary determination on points of law where factual disputes exist – right to be heard; Probate/Administration – challenge to transactions involving deceased’s estate; Reliefs – improper substantive orders and assessment of general damages without formal proof.
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30 October 2017 |
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Improper, biased conduct and reliance on a locus in quo inspection without recording observations caused miscarriage of justice; matter remitted for proper locus visit.
* Civil procedure – locus in quo – purpose and proper conduct of site inspections; evidence at locus must test, not replace, oral testimony.
* Land law – trespass to customary land – burden of proof and assessment on balance of probabilities.
* First appeal – duty to re-hear facts, weigh conflicting evidence, interference where trial court overlooked material features.
* Procedural fairness – failure to record/allow demonstrations at locus in quo may occasion miscarriage of justice and warrant remittal.
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27 October 2017 |
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Inconsistent affidavits failed to prove sufficient cause for extension of time to appeal; application dismissed with costs.
Extension of time to appeal – sufficiency of cause – credibility of affidavits – contradictions and missing annexures – death of counsel as ground for delay – limits of relying on parts of defective affidavits.
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27 October 2017 |
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Respondent’s long adverse possession (about 29 years) extinguished appellant’s recovery claim; appeal dismissed with costs.
* Land law – Adverse possession/extinctive prescription – continuous, hostile possession for prescribed period vests title. * Procedure – locus in quo inspections – evidence must not be used to introduce unsworn testimony; visit intended only to test court evidence. * Civil procedure – burden of proof on claimant to show superior title; distinction between trespass and action for recovery of land.
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26 October 2017 |
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Permissive long occupation does not confer title; proprietary estoppel not established; appeal dismissed with costs.
Land law – customary tenure – permissive occupation (licence) versus adverse possession; prescription requires hostile, uninterrupted possession – permissive occupation does not qualify. Proprietary estoppel – elements not established where owner warned occupant and promptly objected to alienation. Civil procedure – first appeal – appellate court re-evaluates evidence but gives weight to locus in quo observations and trial court credibility findings.
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26 October 2017 |
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An omnibus, unparticularized plaint failed to disclose a cause of action against the registered purchasers and was struck out.
Civil procedure – Pleadings – Cause of action – O.7 r.1(e) & O.7 r.4(a) CPR – Material facts and time must be pleaded – Omnibus plaints lacking defendant-specific particulars are defective; Registered land – proprietary (bibanja) claims must be pleaded with full particulars – Security for costs (O.26 r.1) where suit is frivolous and defendants have good defence.
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24 October 2017 |
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Appellate court upheld trial finding of respondent's possession and dismissed appellant's trespass appeal for lack of proof.
Land law – possession and trespass – assessment of oral evidence on family land; Appeal – first appellate court must re-evaluate evidence; Locus visit – failure to follow locus procedure not fatal where boundaries undisputed.
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24 October 2017 |
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Stay of execution dismissed for lack of diligence, absence of threatened execution, and speculative relief.
* Civil procedure – Stay of execution – Requirements under O.43 r.4 CPR and Court of Appeal Rules – sufficient cause, diligence, security.
* Civil procedure – Inherent powers – Section 98 CPR as alternative basis for stay.
* Appeals – Necessity of filing memorandum of appeal and diligent prosecution of appeal.
* Possession – Findings of adverse possession relevant to risk of eviction and justification for stay.
* Relief – Speculative applications for stay dismissed where no execution or enforcement steps pending.
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24 October 2017 |
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Applicant failed to show sufficient cause, prosecution or real eviction threat to obtain stay of execution pending appeal.
Stay of execution — Order 43 r.4 CPR / Judicature (Court of Appeal) Rules — applicant must show sufficient cause (substantial loss, no undue delay, security) — existence of appeal requires memorandum of appeal — no stay where no execution pending and threat speculative — court’s inherent powers (s.98 Civil Procedure Act).
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24 October 2017 |
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Applicant failed to prove respondents breached an interim construction order; contempt application dismissed, costs in the main cause.
Contempt of court – Alleged breach of interim injunction restraining construction – Interim orders limited in duration and subject to trial judge’s directions – Burden of proof on applicant (Evidence Act ss.101–103) – Failure to produce specific probative evidence to prove contempt results in dismissal.
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23 October 2017 |
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Court rules against estate claims on land, upholds bona fide purchase by current owner.
Land Law – ownership dispute – limitation of actions for land recovery – bona fide purchase for value without notice – fraud allegations in title registration.
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18 October 2017 |
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Misrepresentation not proven; uncommunicated rescission invalid; purchaser entitled to vacant possession and costs.
* Land law – Sale of land – Allegation of misrepresentation – Requirements for misrepresentation and inducement; * Rescission – Communication and refund as prerequisites; * Local council (LC1) meetings – limits of jurisdiction and legal effect on contracts; * Appeal – re-evaluation of evidence and correction of erroneous factual findings; * Remedies – order for vacant possession and costs.
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14 October 2017 |