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Citation
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Judgment date
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| April 2018 |
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Non-compliance with O.5 r1(2) 21-day service rule without seeking extension renders the application incompetent and is dismissed.
Civil Procedure — Service of summons and hearing notices — O.5 r1(2) — 21-day service requirement — strict compliance — sealing/endorsement by Registrar — failure to seek extension — dismissal of application.
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19 April 2018 |
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Leave granted to amend the plaint and add necessary parties under O.1 r10(2); procedural omission overlooked for lack of prejudice.
Civil procedure – Amendment of pleadings – Joinder of parties – Order 1 r 10(2) CPR – Person whose presence is necessary for effective adjudication – Omission of proposed amended plaint – Prejudice and discretion – Bona fide purchaser defence to be determined after pleadings.
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13 April 2018 |
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A temporary injunction restraining a mortgage sale was amended to be conditional on a 30% security deposit under Regulation 13(1).
* Mortgage law – injunctions restraining mortgagee sales – requirement to deposit 30% security under Regulation 13(1) Mortgage Regulations 2012 – non-compliance disentitles applicant to injunction; * Civil Procedure – amendment of interlocutory order under section 98 of the Civil Procedure Act; * Procedure – effect of absence of affidavit in reply on the court file.
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12 April 2018 |
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A purported sale was fraudulent and illegal; the applicant awarded damages, injunction and costs.
Land law – sale vs mortgage; protection of illiterate parties (Illiterates Protection Act) – jurat/translation requirements; spousal consent for sale of matrimonial land (Land Act s.39); falsification of transfer forms and false declarations (Registration of Titles Act s.190); fraud in land transactions; remedies – damages, injunction, costs.
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11 April 2018 |
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Registered title procured with notice of rival equitable interest is voidable; defendant entitled to lease, cancellation, damages and costs.
Land law – competing allocations and renumbered plots – constructive notice and bona fide purchaser doctrine – equitable proprietary interest and legitimate expectation – fraud vitiating registered title – remedies: cancellation of title, injunction, specific lease execution, damages and interest.
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9 April 2018 |
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Purchasers from a later administrator acquire protection where the earlier administrator’s prolonged mismanagement justifies equitable revocation.
Succession law – administration of estates – duties to exhibit inventory and account; revocation of letters of administration for misconduct or prolonged failure to account; effect of subsequent grants; protection of bona fide purchasers and proprietary estoppel; equity intervening where administrator mismanages estate.
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9 April 2018 |
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Repossession under the Expropriated Properties Act prevailed; plaintiff’s title was illegal, liable for mesne profits and ordered out to give vacant possession.
Land law – Expropriated Properties Act – certificate of repossession reverting property to former owner; ownership and validity of competing title deeds; periodical tenancy/occupier’s improvements – compensation and limitation; trespass to land and mesne profits; administrative error by District Land Board in granting lease.
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9 April 2018 |
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Appellant proved trespass after respondent shifted pre‑dispute fence; survey process was procedurally flawed, relief awarded.
Land law – boundary dispute; compliance with Land Regulations 2004 (notification and inspection by Area Land Committee) – weight of documentary planning/survey evidence vs customary boundary marks – fences/hedges presumption – trespass to land and measure of damages.
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9 April 2018 |
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High Court lacks jurisdiction to revise Local Council Court judgments under sections 83 or 98 of the Civil Procedure Act.
Local Council Courts — jurisdiction — Whether High Court may revise LCIII decisions under section 83 Civil Procedure Act; Magistrates' Courts defined — statutory creation of jurisdiction; Inherent jurisdiction (s.98) — cannot confer non‑statutory jurisdiction or substitute for express remedies.
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6 April 2018 |
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Whether the High Court can revise Local Council Courts' decisions under sections 83 or 98 of the Civil Procedure Act.
Civil Procedure – Revision under s.83 CPA – limited to Magistrates’ Courts; Local Council Courts not Magistrates’ Courts; Inherent powers s.98 CPA cannot cure lack of statutory jurisdiction; jurisdiction is statutory and cannot be assumed.
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6 April 2018 |
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Prior court decisions confirming registered title barred defendants’ succession claim; defendants found trespassers and ordered to vacate with damages.
Land law – res judicata – prior judgments determining succession and title bar later claims; Land law – trespass – registered proprietor’s title affords right to sue in trespass; Evidence/registration – indefeasibility of certificate of title in absence of proved fraud; Civil procedure – limitation – trespass as continuous tort; Pleading rules – time-bar defence must be pleaded and raised as an issue.
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5 April 2018 |
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A beneficiary defrauded of land under a will can obtain cancellation of a fraudulently procured title despite limitation, and recover damages.
* Succession/probate – beneficiary’s proprietary interest under a will – entitlement to demarcated one acre; * Land law – transfer and registration – validity of Powers of Attorney and transfer documents; * Registration of Titles Act – s77 and s177: certificates procured by fraud are void and subject to cancellation; * Fraud – understatement of consideration and evasion of stamp duty tainting title; * Limitation Act – s25: fraud exception to twelve-year limitation; * Remedies – cancellation of title, demarcation and registration of beneficiary’s share, general damages and costs.
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4 April 2018 |
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Grade I Magistrate lacks unlimited jurisdiction over trespass to registered land governed by statutory law; resulting ruling is null.
Magistrates’ Courts Act – pecuniary jurisdiction of Grade I Magistrate – trespass to land – distinction between matters governed exclusively by Civil Customary Law and those governed by statutory/common law – judgment without jurisdiction is a nullity.
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4 April 2018 |