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Citation
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Judgment date
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| February 2018 |
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A bona fide occupant proved fraud in registration; the fraudulent title was cancelled and damages and costs awarded.
Land law – bonafide/lawful occupant – purchaser under Land Act; Registration of Titles Act – cancellation of certificate for fraud; Standard of proof in civil fraud cases – elevated beyond ordinary balance but below beyond reasonable doubt; Default judgment – presumption of constructive admission; Remedies – cancellation of title, general damages, costs.
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27 February 2018 |
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Interlocutory injunction granted to protect applicant’s possession of disputed land from trespass, sale or alienation pending trial.
Land law – Interlocutory injunction – Preservation of status quo – Prima facie case – Irreparable harm – Trespass and alleged illegal alienation pending trial.
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26 February 2018 |
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Application to add a company as party refused: amendment barred by 12‑year limitation and alleged mala fides; application dismissed with costs.
* Civil procedure – amendment of pleadings – joinder of party – whether amendment barred by statute of limitations (Limitation Act s.5). * Limitation – 12-year bar to actions to recover land; accrual and effect on proposed amendments. * Pleadings – bona fides required for amendment; concealment of material facts and mala fides as ground for refusal. * Preliminary objections – illegality may dispose of application without permitting amendment.
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23 February 2018 |
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Court recalculated the applicant's instruction fees under Schedule 6, Regulation 1(a)(iv) and allowed shs.25,342,750.
Taxation of costs — Advocates (Remuneration and Taxation of Costs) Regulations, Schedule 6, Reg.1(a)(iv) — valuation of subject matter where amount is determinable from judgment — calculation of instruction fees — scope of appeal against taxation — procedural irregularity of counterclaims at taxation.
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22 February 2018 |
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Interlocutory injunction granted to preserve occupation of alleged matrimonial home, conditional on 30% deposit under Mortgage Regulations.
Mortgage law; temporary injunctions — status quo preservation; prima facie case and irreparable harm established; Mortgage Regulations 2012 Regulation 13(1) — 30% deposit required to adjourn mortgage sale; conditional stay of sale pending compliance.
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12 February 2018 |
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Successful constitutional public‑interest litigant may be awarded costs only if those costs were expressly claimed.
Constitutional law – Police Act s.32(2) – freedom of assembly – public interest litigation – awarding costs not claimed – applicability of s.27 Civil Procedure Act to constitutional matters – entitlement to costs in public interest cases when claimed.
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12 February 2018 |
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Court grants leave to amend defence and counterclaim, finding no new cause or prejudice and overruling preliminary objection.
* Civil procedure – Amendment of pleadings – O.6 r19 CPR and s.100 CPA – Leave to amend to determine real issues where no prejudice or new cause of action arises; * Pleadings – Expansion of particulars versus introduction of new defences or parties; * Preliminary objections – Allegations of forgery/fraud to be determined at trial, not on amendment application.
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9 February 2018 |
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Appellant failed to prove title; respondent’s registered purchase prevailed and eviction upheld, with costs waived for the appellant.
* Land law – ownership v. trespass – purchaser from registered proprietor protected under s.59 Registration of Titles Act. * Occupation – bona fide occupant – requirements under s.29 Land Act and proof by payment of customary dues (busuulu/envunyo). * Evidence – necessity of producing documentary title and consistent testimony; ineffective sale by vendor without title. * Civil procedure – costs discretion under s.27(2) Civil Procedure Act; eviction as remedy for trespass.
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9 February 2018 |
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Stay of execution pending appeal granted where an intended appeal was arguable and irreparable loss to land rights was shown.
* Civil procedure – Stay of execution pending appeal – requirements: notice of appeal filed, absence of unreasonable delay, prima facie arguable appeal, irreparable harm and risk of appeal being rendered nugatory.
* Court of Appeal Rules – Rule 76 (notice of appeal formalities) and Rule 3 (‘intended appeal’) – liberal approach where applicants face difficulty regularising appeals.
* Land law – Orders affecting title/status quo can amount to irreparable injury justifying stay.
* Security for costs – conditional stay subject to provision of security equivalent to part of taxed costs.
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8 February 2018 |
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A signed sale agreement conveyed the land; refusal to deliver possession constituted breach—plaintiff awarded possession, damages and costs.
Land law – sale v. loan – construction of written agreement; primary evidence and signatures – party bound by signed contract; estoppel under s.114 Evidence Act; remedies for breach of land sale: declaration of title, eviction, injunction, damages and costs.
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7 February 2018 |
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Appellants' customary-tenancy claim failed; the respondent's title was upheld and appellants' overlapping titles were cancelled.
Land law – ownership dispute between customary tenants and community organisation; registration of titles – reinstatement and amalgamation of plots; fraud in procurement of title – requires clear documentary proof; conduct of parties (unclean hands) relevant where competing titles obtained during litigation; appellate evaluation of credibility and corroboration of oral and documentary evidence.
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6 February 2018 |
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Part-payment for an oral sale of land gives the purchaser an equitable interest, entitling completion on payment of balance.
Land law – oral sale and part-payment – part-payment confers equitable interest – purchaser entitled to completion upon payment of balance; evidential burden on party asserting written agreement; demarcation and delivery as equitable remedy.
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2 February 2018 |
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Respondents held in contempt for breaching interim injunction; court ordered fine, restitution and halt of construction.
Civil contempt – breach of interim injunction; interim orders in head suit bind parties and preserve status quo; burden of proof on alleging party; continuous contempt; remedies – fine, restitution and halt to works (committal declined).
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1 February 2018 |