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Citation
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Judgment date
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| December 2019 |
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A Kibanja (equitable) interest does not suffice to obtain consequential transfer of registered title under section 177.
Registration of Titles Act s.177; consequential orders to cancel or substitute entries in the register; requirement of recovery of land, estate or interest from registered proprietor; Kibanja (equitable) interest v. legal registered (mailo) interest; unsuccessful litigant cannot convert a Kibanja decree into registered title without proving recovery of the registered estate.
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27 December 2019 |
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Appeal dismissed: failure to pursue available remedies and filing parallel suit amounted to abuse of process; execution allowed.
Civil procedure – summary judgment and execution – stay of execution – requirement to pursue leave to appeal or reinstatement of dismissed application – abuse of process by filing parallel proceedings.
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18 December 2019 |
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Application to amend defence and add counterclaim dismissed; late reply struck out and suit to proceed on existing pleadings.
* Civil procedure – Amendment of pleadings – Order 6 r.19 CPR – court’s discretion to allow amendments; requirements: no prejudice, not mala fide, not alter cause of action fundamentally.
* Civil procedure – Pleadings – late affidavit in reply struck out for being filed without leave and out of time.
* Civil law – Counterclaim – cannot introduce a cause of action aiming to challenge or undo a criminal conviction that has not been set aside on appeal.
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18 December 2019 |
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A prematurely dismissed suit under Order 17 Rule 6(1) CPR may be reinstated by the High Court exercising its inherent jurisdiction.
Civil procedure – Reinstatement of suit dismissed under Order 17 Rule 6(1) CPR – Premature dismissal where last action < two years – Inherent jurisdiction and Section 98 CPA to reinstate – Order 17 Rule 6(2) (fresh suit) not absolute – Costs against respondent who occasioned dismissal.
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18 December 2019 |
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Court allowed amendment to plaint to clarify conversion claim; ownership dispute to be proved in the main suit.
Civil procedure – Amendment of pleadings under Order 6 r.19 – adequacy of affidavit support; amendment to correct nature of cause of action (lease extension vs conversion to freehold) – prejudice to respondent; amendments to determine real questions in controversy and avoid multiplicity of proceedings.
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15 December 2019 |
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Grade One Magistrates may hear land recovery claims but cannot cancel title; case transferred due to pecuniary jurisdiction limits.
* Civil procedure – jurisdiction – Magistrates’ Courts’ power to hear land recovery claims despite inability to order cancellation of title; cancellation of certificate of title is exclusive to the High Court (Registration of Titles Act s.177).
* Civil procedure – pecuniary limits – Grade One Magistrate lacks jurisdiction where plaint values subject matter above Ugx.20,000,000.
* Civil procedure – transfer of proceedings – transfer to competent Magistrate Court where original filing court or presiding officer lacks jurisdiction.
* Evidence – procedural compliance – out-of-time affidavit struck off; inadequate excuse of deponent being abroad.
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5 December 2019 |
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Buyer’s claim failed: no proven oral term, delivery delayed by interlocutory injunction, contract not frustrated; suit dismissed with costs.
Land law – sale by foreclosure; delivery of vacant possession – timing of performance where contract silent; Evidence Act s.92 and four-corners rule; reasonable time under Contracts Act; frustration of contract; purchaser’s due diligence; interim injunction as cause for non-delivery.
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3 December 2019 |
| November 2019 |
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Consent judgment set aside where not executed by the party or a duly authorized agent and entered contrary to court policy.
Land law – Consent judgment – Validity of consent where party or authorized agent did not sign – Consent set aside for being contrary to Court policy and irregularity; consent judgments reviewable for fraud, collusion, illegality or misapprehension of material facts.
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26 November 2019 |
| October 2019 |
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Court set aside dismissal caused by its own error and reinstated the suit for sufficient cause and prompt applicant diligence.
Civil procedure – Reinstatement of suit – O.9 r.18 and Section 98 C.P.A. – Court’s inadvertent dismissal of a stayed suit – sufficiency of cause and diligence for setting aside dismissal; relevance of service timing where suit already dismissed.
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15 October 2019 |
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Whether respondents’ occupation was unlawful and whether officials’ temporary measures justified continued occupation.
* Land law – trespass – nature of Bibanja interests – purchaser’s title dependant on vendor’s authority; purchases from an unauthorised seller may be void. * Burden of proof – civil standard; plaintiff must prove allegations on balance of probabilities. * Public officials – temporary directives or sympathy pending investigation do not constitute conferral of land rights. * Administrative law/estoppel – legitimate expectation/estoppel may require compensation where owner validated occupancy. * Physical planning – KCCA’s enforcement constrained by existing court orders and boundary uncertainty.
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4 October 2019 |
| September 2019 |
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Court set aside ex parte decree and reinstated suit, holding counsel negligence can constitute sufficient cause.
Civil procedure – O.9 r.27 and O.9 r.23(1) – setting aside ex parte judgment and reinstatement after dismissal – sufficient cause – counsel’s negligence/mistake as sufficient cause – requirement of diligence and prima facie merit in defence – refusal of security for costs.
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30 September 2019 |
| August 2019 |
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Insufficient proof of contempt; court ordered police inquiry and directed respondents to cooperate.
Civil contempt – interlocutory injunction – elements: lawful order, knowledge, disobedience – standard: balance of probabilities – insufficient proof of breach; court’s power under s.98 Civil Procedure Act to order independent police inquiry and referral for criminal liability; costs to abide main suit.
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30 August 2019 |
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Court varied an interlocutory injunction, holding it had wrongly conferred final possession and ordering preservation of the status quo.
Civil Procedure Act s.98 (inherent powers); O.41 r.4 CPR – variation of interlocutory injunction; temporary injunction to preserve status quo in disputed possession; prohibition of waste, alienation or disposal pending final determination.
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29 August 2019 |
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Applicant must first apply to the Registrar under the Registration of Titles Act before seeking a Court vesting order or caveat removal.
Registration of Titles Act — Section 167 — Vesting orders require prior application to Registrar/Commissioner; Section 139/145 — Caveat lodgement and removal under Registrar; Section 70 — Special certificate issuance linked to loss/destruction of duplicate; procedural prerequisite and exhaustion of administrative remedy; affidavit must produce proof of Registrar's refusal/failure.
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29 August 2019 |
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Beneficiaries’ claim to family trust land is governed by section 19(2)’s six-year limitation; time-bar objection dismissed.
Limitation of actions — distinguishing claims to land as of right (s5, 12 years) from beneficiaries’ actions to recover trust property (s19(2), 6 years); accrual of cause of action upon administrator’s registration; preliminary objection on time-bar dismissed.
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27 August 2019 |
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Court granted vesting order under s.167 (Registration of Titles Act) after purchaser proved payment, possession and inability to obtain transfer.
* Land law – Registration of Titles Act, s.167 – Vesting order where purchaser paid purchase money, entered and possessed land, vendor acquiesced and transfer cannot be obtained (vendor dead or absent).
* Civil procedure – Inherent jurisdiction, s.98 Civil Procedure Act – High Court may grant vesting after Commissioner declined.
* Evidence – sale agreements, title documents and affidavits sufficient to establish statutory prerequisites for vesting order.
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26 August 2019 |
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The applicant's out-of-time service and res judicata barred adding parties, resulting in dismissal of the application.
Civil procedure – service of notice of motion – mandatory 21-day service period; failure to apply for extension renders application incompetent. Civil procedure – res judicata – prior adjudication of substantially similar issues bars re-litigation and addition of parties; counter-claim introducing matters already decided struck off.
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26 August 2019 |
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Administrators entitled to vesting order where statutory vesting conditions met; certificate issued upon payment of stamp duty.
Registration of Titles Act ss166,167 – vesting orders; Succession Act – administrator as representative; s59 – certificate of title conclusive evidence; conditions for vesting order; requirement to pay stamp duty before issuance of special certificate.
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23 August 2019 |
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A land claim is frivolous against a current registered proprietor unless fraud by the company's present directing minds is pleaded.
Civil procedure – strike out under O.7 r11(e) – limitation of actions – s.25 Limitation Act (fraud exception) – particulars of fraud required under O.6 r3 – directing mind/alter-ego principle – attribution of historical fraud to current company management.
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22 August 2019 |
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Suit concerning land in Mbale transferred from Kampala for lack of territorial jurisdiction; each party to bear own costs.
Civil procedure – Territorial jurisdiction – Suits for recovery of immovable property – Section 12(a) Civil Procedure Act – High Court’s subject‑matter jurisdiction limited by geographical competence – Transfer of proceedings to the court within whose local limits the property is situated.
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22 August 2019 |
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Appellants’ failure to participate and defend led to upholding trespass finding and dismissal of the appeal with costs.
Land law – trespass to land – proof by uncontroverted oral evidence corroborated by locus in quo; Civil Procedure – Order 9 r.10 and ex parte proceedings; procedural irregularity – entry of judgment without stating legal basis; locus visit – participation by persons without locus; miscarriage of justice – requires unfairness or misdirection affecting outcome.
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21 August 2019 |
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Failure to file defences and uncontradicted locus evidence upheld trespass finding; procedural errors were not fatal.
Land law – trespass – proof by evidence and locus visit; Procedural law – failure to enter appearance/defence – parties putting themselves out of court; Kibanja/occupancy claims – burden of proof; Civil Procedure – procedural irregularities (entry of judgment, locus participation) not necessarily fatal absent prejudice; First appeal – scope of re-evaluation of evidence.
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21 August 2019 |
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A caveat without demonstrable legal/equitable interest must be vacated where the caveator fails to show cause or oppose.
* Land law – Caveats – Requirement of legal or equitable interest to justify lodging a caveat; * Registration of Titles Act s.140(1) – burden on caveator to show cause to resist vacation; * Civil procedure – failure to oppose treated as admission; * Costs – awarded where caveator fails to show cause or oppose application.
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20 August 2019 |
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6 August 2019 |
| July 2019 |
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Review granted where judgment was given despite pending related proceedings and an unresolved joinder application; rehearing ordered.
* Civil procedure – Review – Order 46 CPR and Section 82 Civil Procedure Act – who is an aggrieved person and entitlement to review.
* Locus standi – pending related proceedings and joinder application as basis for standing to seek review.
* Pleadings – Notice of Motion prolixity – sufficiency of general grounds and supporting affidavit.
* Review on face of record – apparent error where judgment affects interests of parties in pending/test proceedings.
* Remedy – setting aside judgment and ordering rehearing de novo; costs awarded to successful reviewer.
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19 July 2019 |
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A judgment affecting a pending test suit and undecided joinder application was set aside for review and ordered rehearing de novo.
* Civil procedure – Review – Order 46 r1 CPR and Section 82 CPA – Who is an aggrieved person; locus standi to seek review by a non-party with proprietary interest. * Civil procedure – Error apparent on the face of the record – judgment affecting pending test suit and unresolved joinder application justifies review. * Joinder/party addition – pending application to add an interested party must be considered before disposition of matters affecting same subject land. * Remedy – setting aside judgment and rehearing de novo; costs awarded.
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17 July 2019 |
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Court allowed amendment of plaint under O.6 r.19, finding it a minor correction and not a new cause of action.
Civil procedure – Amendment of pleadings (O.6 r.19) – Discretion to allow amendments to determine real issues; single supporting affidavit sufficient; amendment that corrects minor error not a new cause of action; respondent claiming ownership to prove same in main suit.
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15 July 2019 |
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Plaintiff proved equitable ownership by purchase; defendant’s entry was trespass; declaration, damages and permanent injunction granted.
Land law – equitable interest passes on payment of purchase price; proof by sale agreement and witness evidence. Trespass – unlawful entry and destruction of fence establishes trespass. Evidence – sale agreement, photographs and police reports corroborate possession. Remedies – declaration of title, general damages and permanent injunction. Civil procedure – ex parte proof permitted where defendants failed to appear after service.
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12 July 2019 |
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Whether an alleged duress vitiated a land transfer and whether UGX 5,000,000 damages for crop destruction were adequate.
• Contract law – Duress – proof requirements: protest, prompt steps to avoid, independent advice, and effect on consent.• Land law – dispute over transfer of kibanja and validity of title where alleged coercion is asserted.• Civil damages – assessment of general damages for destruction of crops and appellate deference to trial discretion.• Appellate review – circumstances warranting interference with trial court’s discretionary award.• Interest – courts may order interest on judgment sums from date of trial judgment to protect against inflation.
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12 July 2019 |
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Whether alleged duress invalidated a land transfer and whether the damages for destroyed crops were adequate.
* Contract law – Duress – Whether alleged coercion vitiates consent – necessity of contemporaneous protest, available alternatives, prompt steps to rescind. * Land law – Disputed transfers – evidential burden to show understanding and voluntariness. * Civil damages – General damages assessment; appellate restraint unless award is based on wrong principle or plainly erroneous. * Procedure – Court’s discretion to award interest under Civil Procedure Act and Civil Procedure Rules.
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12 July 2019 |
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Transfer of mortgaged land was void for statutory irregularities and bank’s bad faith; purchaser failed due diligence.
Land law – mortgage sale – duty of mortgagee to revalue and obtain true market price; Registration of Titles Act s.148 – requirement of signatures in Latin characters; Stamps Act s.42 – instruments chargeable with duty must be stamped before registration; banker–customer duty – notice before blocking account and right to redeem; res judicata – jurisdictional competence of preceding court.
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10 July 2019 |
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A bank’s sale registered with unstamped, improperly signed instruments is void; bank liable for wrongful sale, restitution and damages.
Land law – mortgage foreclosure and sale – res judicata – jurisdictional competence of lower court; Registration of Titles Act s.148 – requirement for signatures in Latin characters; Stamps Act s.42 – instruments chargeable with duty must be stamped before registration; Mortgagee duties – duty to obtain reasonable market value and act in good faith; Purchaser’s duty – due diligence and enquiries from person in possession; Banker–customer relationship – unlawful blocking of account and consumer protection obligations; Remedies – transfer cancellation, restoration of title, damages, reimbursement, costs and interest.
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10 July 2019 |
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Whether dismissal for non-appearance under O.9 r17 may be set aside under O.9 r23 for "sufficient cause".
Civil Procedure — Order 9 r17 and r23 — dismissal for non-appearance — setting aside dismissal — "sufficient cause" — intention to prosecute and diligence — prompt application — costs.
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9 July 2019 |
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Dismissal under O.9 r.17 was set aside where applicants promptly sought reinstatement and showed intent to prosecute despite inadequate excuse.
Civil procedure – Order 9 r.17 dismissal for non-appearance – remedy under Order 9 r.23 – "sufficient cause" for setting aside dismissal – requirement of honest intention to attend and diligence in prosecuting the suit.
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9 July 2019 |
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Application for security for costs dismissed: suit not frivolous and respondent’s inability to pay was not proven.
* Civil procedure – Security for costs – O.26 r.1 CPR – Namboro test: whether suit is frivolous/vexatious and whether defendant has a prima facie defence.
* Companies – Section 284 Companies Act considered but inapplicable to unlimited companies and not determinative of security for costs.
* Evidence – Burden to prove inability to pay; absence of assets/directors within jurisdiction is speculative without supporting evidence (no insolvent proceedings or unsatisfied decree).
* Procedure – Challenges to affidavits and allegations of attorney incapacity require proof or cross-examination, not mere assertion.
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8 July 2019 |
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Application to substitute a non-existent defendant via amendment dismissed; non-party affidavit expunged.
Civil procedure – amendment of pleadings (Order 6 r19) – substitution of parties (Order 1 r10(2)) – non-existent party – action a nullity – affidavit by non-party expunged for lack of authority.
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6 July 2019 |
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The respondent’s appeal filed one day late without leave was held incompetent and struck out; counsel’s affidavit in reply was struck out.
Civil procedure — Appeals — Time for filing appeals under Section 79(1)(a) and exclusion under Section 79(2) — Record availability determined by certificate of correctness — Appeal lodged one day late without leave is incompetent; Advocates (Professional Conduct) Regulations — Regulation 9 prohibits advocates swearing affidavits in contentious matters they personally conduct — Affidavit of reply by counsel defective and struck out; Service of documents — O.49 r.2 and O.5 r.16 (affidavit of service) — service disputes weighed but did not cure lateness.
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5 July 2019 |
| June 2019 |
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Court upheld a Deputy Registrar’s interlocutory injunction preserving status quo and dismissed review seeking permission to construct or restore access road.
* Civil procedure – Review of interlocutory orders – Order 46 CPR – requirement of illegality, mistake or error apparent on face of record or other sufficient cause.
* Temporary injunctions – purpose to preserve status quo – injunction may prohibit acts (including construction) not expressly prayed for if necessary to maintain status quo.
* Locus visit – judicial fact-finding on site given deference unless manifestly erroneous.
* Access to road – restoration may amount to altering status quo and cannot be granted in interlocutory review when injunction seeks preservation.
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14 June 2019 |
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Application to amend defence and add counterclaim dismissed for wrong procedure, delay, lack of draft pleadings and prejudice to respondents.
* Civil Procedure – Amendment of pleadings – Leave to amend under Order 6 r19 – Procedure requires summons in chambers (rules 18,19,22) and not notice of motion; procedural non-compliance is fatal.
* Pleadings – Proposed amendments that change the cause of action or introduce new suits (counterclaims) will be refused where they prejudice the other party or are raised mala fide or belatedly.
* Civil Procedure – Requirement to attach proposed amended pleadings and particulars to motion for amendment; omission is fatal to application.
* Delay and laches – Undue delay and allowing suit to proceed ex parte weigh against granting leave to amend.
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14 June 2019 |
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Application to remove injunction encumbrance dismissed as incompetent; applicants were not parties and registered title after injunction.
Civil procedure – Competence and locus to apply – Non-parties cannot challenge or seek discharge of injunctions granted in proceedings to which they were not parties; Land law – registration of encumbrance – registry may record orders but an encumbrance recorded after an order was set aside attracts administrative removal procedures; Contempt – transfers registered after an injunction may give rise to inference of contempt.
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13 June 2019 |
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A consent judgment adjudicating title affecting the applicant can be set aside if it binds the applicant without affording a fair hearing.
* Civil procedure – review of consent judgment – O.46 r1 CPR and Section 82 CPA – review permissible for fraud, collusion, misapprehension, lack of material facts or analogous sufficient reason.
* Consent judgments – judgment in rem – binding effect on non‑parties; risk of depriving non‑parties of right to be heard.
* Right to fair hearing – setting aside consent judgment that short‑circuited inter partes proceedings and discovery.
* Relief – consent judgment set aside; parties restored to pre‑judgment position; costs in the cause.
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11 June 2019 |
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Consent judgment set aside for collusion excluding a necessary co‑defendant; review, not appeal, is appropriate remedy.
Land law; consent judgment – review under S.82 Civil Procedure Act and O.46 r.1 CPR – necessary parties under O.1 r.10(2) – collusion or compromise excluding a necessary co‑defendant is sufficient reason to set aside consent judgment – review (not appeal) appropriate remedy – avoid multiplicity of suits.
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5 June 2019 |
| May 2019 |
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Section 166 cannot vest beneficiaries’ shares where administrators are already registered; succession law remedies apply.
Registration of Titles Act s.166 – vesting orders – scope limited to trustees requiring registration – inapplicable to vesting directly in beneficiaries; Administrators already on title – section 166 inapt; Succession law remedies appropriate for disputes between joint administrators; Clean hands requirement in equity.
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30 May 2019 |
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Caveat lodged before injunction issued is not civil contempt; injunction extended and caveat maintained pending main suit.
* Civil contempt — requirements: existence of lawful order, contemnor's knowledge, and failure to comply; * Land registration — caveat lodgement is a staged process; timing of lodgement vis-à-vis injunction determinative; * Interim relief — maintenance/extension of status quo; * Remedies — committal, vacatur of caveat and ordering land office to process titles inappropriate where caveat predates order.
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29 May 2019 |
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Applicant’s construction did not trespass; no access road proved and trial judgment set aside.
Land law – access roads and easements; trespass to land – onus of proof; evidential requirements for proving an access road; locus visit procedure and Practice Direction No.1/2017; invalidity of demolition and damages where access not proved.
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29 May 2019 |
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Refusal to sign transfer forms pursuant to a decree constituted civil contempt; court ordered transfer, fine, and suspended committal.
Contempt of court – civil contempt for refusal to perform affirmative mandatory act – elements: lawful order, knowledge, ability, non‑compliance – remedies: order to perform, fine, suspended committal – damages in contempt proceedings generally not compensatory; exemplary damages exceptional.
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17 May 2019 |
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10 May 2019 |
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Appellants’ family land rights prevail where sale lacked required consent and contractual consideration was not paid.
Land law – family land and kibanja rights – disposal/surrender of family land – requirement of prior consent of spouse and dependent children (Sections 38A, 39, 40 Land Act) – consideration unpaid renders transfer void ab initio – appellate re-evaluation of evidence.
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9 May 2019 |
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Applicant’s review succeeded: new evidence and failure to join the owner warranted setting aside judgment and ordering retrial.
Civil procedure — Review of judgment — Discovery of new and important evidence — O.46 r.1 and r.3(2) Civil Procedure Rules — Strict proof required — Joinder of necessary parties where defendant is caretaker not owner — Section 80 & 82 Civil Procedure Act — Remedies: setting aside judgment and ordering retrial.
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8 May 2019 |
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A certificate of title procured and registered through fraud was cancelled; owner recovered title, injunction and damages awarded.
Land law – Registration of Titles – Indefeasibility of title subject to fraud – Fraudulent acquisition and registration of certificate of title – Cancellation of title under section 177 – Remedies: delivery of title, injunction, costs and damages – Bank due diligence in mortgage transactions.
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7 May 2019 |