|
Citation
|
Judgment date
|
| December 2020 |
|
|
|
16 December 2020 |
|
|
16 December 2020 |
|
Whether an interim injunction preserving mutual access to disputed land should be varied as having altered the status quo.
* Land law – temporary injunction – preservation of status quo – definition and application in access-to-land disputes. * Interlocutory relief – variation of interim orders – need to show that order altered existing state of affairs. * Pleadings – whether impugned interlocutory order granted final relief not sought in pleadings.
|
15 December 2020 |
|
Parts of the applicant's suit are barred by res judicata, though a fraud-based set-aside claim may remain a fresh cause of action.
* Civil procedure – Res judicata (s.7 Civil Procedure Act) – requirements: same parties or privies, same matter directly and substantially in issue, final decision by competent court. * Effect of prior High Court judgment and dismissed appeal – issues finally decided v. fresh evidence of fraud. * Procedural limits – inadmissibility of arguing merits of fresh allegations on a res judicata preliminary objection.
|
15 December 2020 |
|
An affidavit by an advocate who avers knowledge of the facts is not defective absent evidence the advocate acted in personal conduct of the matter.
Civil procedure – Affidavits – Capacity of deponent; Advocates – When an advocate may depose an affidavit – Distinction between an advocate 'conversant with facts' and an advocate in personal conduct (witness/counsel conflict); Preliminary objections on authority to depose.
|
14 December 2020 |
|
Fraudulent use of forged letters of administration voided land transfers; court cancelled registrations and reinstated original title.
* Land law – registration – forged/altered letters of administration – fraudulent registration and transfers – registrations and transfers obtained by fraud are voidable and can be cancelled; court may order reinstatement of original title and award damages.
* Evidence – circumstantial evidence and documentary proof of forgery – effect of defendants’ failure to participate in proceedings (ex parte) and onus on alleged purchasers to show bona fide purchase without notice.
* Administrative liability – registration authority not liable absent evidence of complicity in fraud.
|
14 December 2020 |
|
Plaintiffs’ claim fails: probate invalid and fraud not proved to impeach the registered title; suit dismissed with costs.
Land law – Registered title presumed indefeasible; fraud must be strictly proved to impeach title; Probate – Grant lacking court registration number invalid; Bona fide purchaser for value without notice – lower onus; Prior eviction decree – binding until set aside by review; Burden and standard of proof in fraud allegations higher than ordinary civil standard.
|
10 December 2020 |
|
Vendor breached sale agreement and committed fraud; court ordered refund, compensation, general damages, interest and costs.
Contract – Sale of land – vendor's obligation to deliver vacant possession – breach for failure to remove occupants; Fraud – vendor knowingly sold land subject to adverse claims and failed to assist purchasers; Indemnity clause – contractual warranty of good title and indemnity but not ordered without proof of third-party recovery; Remedies – refund of purchase price, compensation for loss in value, general damages, interest and costs; Evidence – special damages must be specifically pleaded and proved.
|
4 December 2020 |
| November 2020 |
|
|
Appeal against a Registrar’s taxation was dismissed as incompetent for being out of time and brought under the wrong provisions.
* Civil Procedure – Appeals from Registrar/Deputy Registrar – Section 79(1)(b) CPR – seven-day time limit for appeals.
* Procedure – Competency of appeal – incorrect statutory provision fatal to appeal (Section 98 and O.9 r.23 wrongly invoked).
* Extension of time/leave – requirement to plead exceptional circumstances or sufficient cause; absence thereof renders appeal incompetent.
* Preliminary objections – illegality once raised goes to the root and may dispose of the matter.
|
30 November 2020 |
|
|
27 November 2020 |
|
|
12 November 2020 |
|
|
11 November 2020 |
|
|
11 November 2020 |
|
|
9 November 2020 |
|
|
2 November 2020 |
| October 2020 |
|
|
|
28 October 2020 |
|
|
28 October 2020 |
|
|
23 October 2020 |
|
|
15 October 2020 |
| September 2020 |
|
|
|
29 September 2020 |
|
Amended plaint filed late, plaintiffs lacked locus and cause of action, and claim was time‑barred — suit dismissed.
* Succession law – requirement for letters of administration to sue on an intestate estate (section 191 Succession Act).
* Locus standi – distinction between lineal descendants and more remote descendants for entitlement to protect estate interests.
* Limitation of actions – recovery of land barred after 12 years; fraud exception requires pleaded facts and date of discovery.
* Pleading requirements – particulars of fraud against transferees necessary to impugn registered titles and seek cancellation.
* Civil Procedure – computation of time and effect of filing amendments outside court‑ordered time limits (Order 51 CPR).
|
28 September 2020 |
|
|
17 September 2020 |
| June 2020 |
|
|
Joinder refused: prior judgment in rem extinguished the applicant’s actionable interest; he must first set it aside.
Joinder of parties – O.1 r.10(2) CPR; necessary party test; effect of prior judgment in rem on title claims; curable procedural irregularity; requirement to set aside impugned judgment before asserting competing title; multiplicity of suits doctrine.
|
12 June 2020 |
|
A lease renewal during an injunction does not automatically extinguish a plaintiff’s equitable interest; preliminary objection dismissed.
Land law – lease expiry and reversion – effect on equitable interest; Locus – notice of change of advocates for representation; Contempt – renewal of lease during injunction and illegality; Civil procedure – requirement to prove death of party before relying on that fact.
|
11 June 2020 |
|
Defendant unlawfully intermeddled with deceased estates; sale without administration invalid; account and injunction ordered.
* Succession law – Estate property – Requirement for letters of administration or probate before establishing rights to deceased’s property (Succession Act s191).
* Intermeddling – Unauthorized possession, management or sale of estate property constitutes intermeddling and is prohibited (Administrator General’s Act s11 and related principles).
* Sale of estate land – Sale by non-administrator is invalid; purchaser acquires no good title.
* Account – Person who has managed estate assets without authority may be ordered to render full accounts and deposit proceeds into court.
* Remedies – Permanent injunction, accounts, deposit of proceeds in trust, nominal damages and costs.
|
10 June 2020 |
|
A trespass claim by estate administrators is a continuing tort and not time‑barred where occupiers refuse to vacate after demand.
Land law – trespass to land – continuing tort – cause of action accrues on refusal to vacate after demand; Possession – legal/constructive possession by administrators of deceased’s estate; Limitation – Section 5 Limitation Act not applicable where trespass is continuing; License – bare license revoked by death but acquiescence may create implied license/equitable estoppel.
|
5 June 2020 |
|
The applicant’s ancestral kibanja was fraudulently annexed to the respondent’s title and must be severed and returned.
Land law – Mailo title – kibanja/licence rights – fraudulent annexation of ancestral kibanja into registered title – illegality vitiates title; Limitation Act – fraud postpones accrual of cause of action; Remedies – declaration, severance/subdivision, issuance of separate titles, costs; Registration of Titles Act (Section 59/176(c)) – title not immune to fraud.
|
5 June 2020 |
|
Failure to deliver vacant possession amounts to fundamental breach allowing rescission and repayment of monies paid, subject to limited damages.
Land sale — breach for failure to deliver vacant possession; rescission and restitution; caveat discovered post-sale — buyer’s failure to search; damages limited to monies paid and reasonable general damages; interest and costs.
|
4 June 2020 |
|
Appellate court upheld finding of an inter vivos gift proved by oral evidence and possession; appeal dismissed with costs.
Property law – inter vivos gift – requisites (donor capacity, donor intention, delivery, acceptance) – oral evidence and possession may suffice; Civil procedure – extraction of decree not fatal where substantive justice demands; Evidence – appellate court may re-evaluate credibility; Locus in quo – court inspection and sketch admissible to verify testimony.
|
1 June 2020 |
| May 2020 |
|
|
First appeal upholds sale agreement and finds path passed through sold land; locus in quo properly conducted.
Land law – disputed boundaries – effect of sale agreement and communal inspection – locus in quo procedure – evidential weight of LC1 witnesses and sketch map in boundary disputes.
|
27 May 2020 |
| April 2020 |
|
|
Revision dismissed as premature; counsel’s supporting affidavit struck out for being incompetent.
* Civil revision – requirement of a final determination under section 83 Civil Procedure Act; * Affidavit competency – advocate who conducts the case cannot swear affidavit in contentious matters; * Advocates (Professional Conduct) Regulations and O.19 r3 CPR – prohibition on counsel acting as witness; * Revision premature where trial court matter remains pending.
|
9 April 2020 |
| March 2020 |
|
|
A title obtained through forged transfers and purchaser’s failure of due diligence is fraudulent and cancellable.
Land law – Indefeasibility of title vs fraud; forged transfer and document expert evidence; purchaser’s due diligence; kibanja sales lacking authority; trespass; cancellation of title (RTA ss.59,177).
|
18 March 2020 |
|
Execution-related consequential orders must be sought in the executing court, not by a fresh suit in another division.
Land law; consequential orders — must give effect to prior judgment and not introduce fresh relief; execution proceedings — execution, discharge or satisfaction of decrees fall to the executing court (Execution and Bailiffs Division) under s.34(1) Civil Procedure Act; jurisdiction — improper to pursue execution remedies by a fresh suit or join new parties outside execution court.
|
13 March 2020 |
|
Court set aside lease cancellation and re-entry noting after an apparent legal error and newly discovered evidence.
Land law – Leasehold – Review under Section 82 CPA and Order 46 r.1 CPR; error apparent on face of record where lease expressly excludes re-entry; discovery of new and important evidence (CMI/Interpol/Immigration communications, local affidavits) disproving alleged illegal cultivation and deportation; denial of audi alteram partem; relief: review and set aside of cancellation and noting of re-entry; costs.
|
13 March 2020 |
|
Plaintiff unlawfully evicted; awarded shs. 20,000,000 for lost goods, profits and general damages.
Landlord and tenant – unlawful eviction for lack of proper notice – implied 30 days’ notice; Evidence – annexures to pleadings must be proved to be admissible; Damages – claimant bears burden of proof for quantum; court may assess reasonable compensation where specific proof is lacking.
|
13 March 2020 |
|
Earlier purchaser with transfer, possession and rates receipts prevails over later purchaser who failed to show title or do due diligence.
Land law – priority of title — first purchaser in time prevails; proof of ownership by sale agreement, transfer and possession; duty of due diligence by purchaser; failure to produce title/transfer documents weakens ownership claim; mesne profits require proof.
|
13 March 2020 |
|
Taxation conducted without required notice and while a review was pending is irregular and set aside.
* Advocates Act (s.62) & taxation regulations – taxation of costs – requirement to give notice under Regulation 50 – taxation while substantive review pending – irregularity and nullity of proceedings.
|
10 March 2020 |