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Citation
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Judgment date
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| March 2021 |
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Appellant failed to prove breach of a land sale agreement; trial court’s evaluation and hearing were fair.
* Contract – sale of land – payment of instalments – whether purchaser breached time-limited payment clause; estoppel and waiver of strict compliance. * Evidence – burden of proof on balance of probabilities; quality over quantity; adverse inference where a party withholds material testimony. * Civil procedure – right to fair hearing – parties choose whether to testify; court not obliged to compel a party to give oral evidence.
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4 March 2021 |
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2 March 2021 |
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1 March 2021 |
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A co‑defendant may cross‑examine a fellow defendant's witness where interests conflict; applicant's challenge on costs failed.
* Civil Procedure – Revision under s.83 CPA – scope limited to jurisdictional errors, illegal acts or material irregularity.
* Evidence/Procedure – Co‑defendant entitled to cross‑examine another defendant's witness where inter‑se interests conflict.
* Affidavit practice – Deponent swearing in personal capacity requires no written authority; failure of other applicants to file affidavits may render them outside the application.
* Costs – Condemnation to costs of the day under O.17 r3 CPR is a discretionary power and not automatically irregular.
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1 March 2021 |
| February 2021 |
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Court finds defendant’s registration fraudulently procured, declares trespass, orders title rectification, damages (UGX 35,000,000) and costs.
Land law – title obtained by fraud – evidential burden under Evidence Act s.103; Trespass as a continuous tort and limitation; Registration of Titles Act s.177 – cancellation/rectification of title; Damages for unlawful possession and contempt of injunctive orders.
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26 February 2021 |
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25 February 2021 |
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The respondent lawfully acquired a kibanja before title registration and is not a trespasser; counterclaim succeeds with declarations, injunction and damages.
* Land law – unregistered kibanja interests – protection of bona fide occupants and purchasers under the Land Act and Land Amendment Act (sections 29(5), 31, 35(8)).
* Evidence – burden of proof and credibility – applicant's contradictions undermining claimed title superiority.
* Relief – dismissal of trespass claim; declaratory relief, permanent injunction, general damages and costs to successful counterclaimant.
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25 February 2021 |
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The respondent lawfully acquired a kibanja; the applicant’s trespass claim is dismissed and the respondent’s counterclaim succeeds.
* Land law – kibanja (unregistered occupancy interest) – protection of bona fide purchaser/occupant under the Land Act and Land Amendment Act.
* Evidence – credibility and contradictions – assessment on the balance of probabilities.
* Remedies – declaration, injunction, damages and costs on successful counterclaim.
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25 February 2021 |
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22 February 2021 |
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18 February 2021 |
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18 February 2021 |
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A suit filed by a company not recognised by the Registrar lacks a cause of action and is struck out.
* Civil procedure – striking out plaint – Order 6 Rule 30 CPR – plaint must disclose reasonable cause of action.
* Company law – legal personality and capacity to sue – effect of Registrar General/URSB decision on corporate existence.
* Procedural relief – stay of proceedings – cannot be granted where plaintiff lacks legal status to sue.
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12 February 2021 |
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Plaintiff's fraud-based land claim not time-barred; preliminary objections dismissed and suit ordered to proceed.
* Civil procedure – preliminary objections – smuggled pleadings – held properly before court following compliance with directions.
* Limitation – fraud exception – time runs from discovery; pleaded 2015 discovery defeats limitation plea.
* Pleadings – sufficiency – plaint and annexures plead ownership, violation, fraud and collusion; cause of action disclosed.
* Locus standi – beneficiary of alleged transfer has standing to sue.
* Privity – cannot be determined on preliminary objection; reserved for full trial.
* Statutory notice – non‑compliance not fatal under current authority.
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12 February 2021 |
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Registered proprietors deprived of land by an unopposed decree are aggrieved and entitled to review where denied a hearing.
* Civil procedure — Review (s.82 Civil Procedure Act; O.46) — Whether third-party registered proprietors are "aggrieved persons"; failure to join or notify affected registered proprietors as error apparent on face of record; sufficient reason to review where property rights affected. * Constitutional law — Property — Article 26(2) — Protection against compulsory deprivation of property without due process. * Land registration — Effect of court decree on titles and Registrar's duty to execute cancellation subject to affected parties' right to be heard.
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12 February 2021 |
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Appellant's long possession and valid inter vivos gift prevail; admission of an unproved will vitiated the trial judgment.
Land law – gift inter vivos – elements and proof; Lawful/bonafide occupation – long possession under the Land Act; Evidence – proof and admissibility of wills; Illegality – admission of unproved document vitiates trial judgment; Equitable rights – unregistered but effective rights against the world.
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11 February 2021 |
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Beneficiary failed to prove fraud; transferee held bona fide purchaser and suit for recovery of estate land dismissed.
Land law – bona fide purchaser for value; Registration of Titles Act – s.59 and s.181; caveat and withdrawal of caveat; letters of administration and revocation (Succession Act); proof of fraud; locus of beneficiary to sue for recovery of estate land.
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10 February 2021 |
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Applicant’s registered lease reinstated after cancellation set aside for failure to accord the applicant a fair hearing.
* Civil review – Section 82 CPA and Order 46 r.1 CPR – review for error apparent on face of record and discovery of new evidence.
* Constitutional right to fair hearing – necessity to make affected lessee a party before cancelling registered lease.
* Company affidavits – necessity for deponents to show authority to depose on behalf of corporate applicant.
* Remedy – setting aside cancellation, reinstatement of registered lease, hearing inter partes.
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9 February 2021 |
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Court vacated two caveats but preserved the first respondent’s caveat pending a substantive suit within 60 days.
* Land law – caveats – vacation of caveat – temporary protective measure under Registration of Titles Act s.139. * Civil procedure – insufficiency of motion with affidavits to determine competing proprietary rights – requirement for substantive suit by plaint. * Beneficiary claims under a will – retention of caveat pending adjudication.
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8 February 2021 |
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Proceedings held without joining the registered proprietor and without mandatory pre‑trial conference were irregular and set aside.
* Land law – Proprietorship v trespass – plaint seeking declaration of lawful/bonafide occupancy as primary claim – trespass secondary.
* Civil procedure – Mandatory scheduling conference – Order 12 rule 1 CPR – duty of court to hold and adopt/revise joint scheduling memorandum.
* Civil procedure – Joinder of parties – Order 1 rule 3 CPR – registered proprietors must be joined where proprietorship is challenged.
* Registration of Titles Act (cap 230) s.59 – certificate of title conclusive proof of ownership; proceedings without registered proprietor breach natural justice.
* Remedy – Proceedings and judgment set aside; fresh suit advised; each party to bear own costs.
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8 February 2021 |
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Failure to file the mandatory estate inventory defeats the plaintiffs’ cause of action; plaint rejected and suit dismissed with costs.
Succession law – mandatory filing of inventory under section 278(1) – failure to file or seek court extension defeats cause of action; plaint rejected under Order 7 r.11 CPR; suit dismissed with costs; administrators’ duties and procedural compliance.
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8 February 2021 |
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Plaintiff failed to prove fraudulent registration or transfer; suit dismissed and plaintiff ordered to bear costs.
* Land registration – Allegation of fraudulent procurement of letters of administration and fraudulent registration of land titles; * Evidentiary requirements – necessity of certified court/administration records to prove alleged fraud; * Registration of powers of attorney – presumption and timing under s.146 Registration of Titles Act; * Caveats – validity depends on authority to act; * Transfer of title – burden to prove transaction and passage of title to transferee.
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8 February 2021 |
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Prior possession plus a valid purchase defeats titles and registrations derived from fraud; fraudulent grants and tainted transfers are void.
Land law – purchase and possession – adverse possession; Registration of Titles – indefeasibility defeated by fraud in procurement of administration grant; Administrators’ grant obtained by misrepresentation; Bona fide purchaser protection negated by notice of prior occupation.
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5 February 2021 |
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Court permitted amendment to join the property custodian where amendment challenged allocation cancellation and raised no new cause of action.
Amendment of pleadings – adding necessary parties – whether proposed amendment introduces new cause of action – cancellation of allocation by property custodian – necessity to join custodian to avoid multiplicity of suits.
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4 February 2021 |
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Beneficiary caveats protect equitable interests and cannot be removed without a court order or hearing for the caveator.
Registration of Titles Act – Caveats – beneficiary caveat; protectable equitable interest; beneficiary caveat removable only by caveator or court order; procedural fairness and right to be heard before removal; Registrar justified in refusing removal absent opportunity to show cause.
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4 February 2021 |
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Revision allowed: agent’s affidavit competent; Wakiso Magistrate lacked geographical jurisdiction, judgment set aside.
Civil procedure – Revision under section 83 CPA – scope limited to jurisdictional and irregular exercise of jurisdiction; Affidavits – competence where agent holds power of attorney; Magistrates’ jurisdiction – pecuniary limits and geographical/local limits; Nullity of proceedings for lack of geographical jurisdiction.
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4 February 2021 |
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1 February 2021 |
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Court held the applicant's affidavit competent, plaint discloses cause of action and locus standi issues are premature.
Civil procedure – interlocutory application in land suit; competence of affidavit sworn in personal capacity; plaint discloses cause of action; locus standi and nature of suit land premature for interlocutory determination; plaint not barred by law; costs in the cause.
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1 February 2021 |
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Applicant entitled to refund for unjust enrichment despite breach; interest at 18% and respondent to pay 50% of costs.
Contract law – interpretation, waiver and estoppel; breach for non-payment of instalments; unjust enrichment – money had and received; restitutionary remedy; award of interest and apportionment of costs.
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1 February 2021 |
| January 2021 |
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Application to amend defence dismissed because proposed amendments introduced new facts and prejudiced the respondent.
Civil procedure – Amendment of pleadings – Leave to amend written statement of defence – Whether proposed amendment introduces new cause of action – Prejudice to respondent and impermissible requirement to amend plaint – O.5/O.6 r19 & r31 CPR – Authorities on amendments.
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29 January 2021 |
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Notice of Motion served out of time and High Court lacks revisionary jurisdiction over Town Council orders; application dismissed.
Civil procedure – Service of Notice of Motion – O.5 r.1(2) – service must be effected within 21 days of issue; failure to serve is fatal; Affidavit evidence – hearsay insufficient to controvert sworn non-service; Revision – Section 83 Civil Procedure Act limits High Court revision to Magistrates' Courts; Town Council orders not revisable by High Court; Procedural compliance – failure to seek extension of time or state legal basis renders application incompetent.
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28 January 2021 |
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Caveat removal application dismissed for failure to prove statutory service and failure to join the caveator, who had a pleaded interest.
* Registration of Titles Act – caveats – requirement to specify interest – sufficiency of statutory declaration; * Registration of Titles Act s140 – Registrar’s notice to caveator – requirement of personal service/proof of service; * Right to be heard – necessity to join caveator where caveat affects his asserted equitable interest; * Pending related suit concerning same land – effect on caveat removal application.
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25 January 2021 |
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Appellate court upheld that respondent’s inherited bona fide occupancy under the Land Act defeats appellant’s trespass claim; appeal dismissed with costs.
Land law – bona fide occupant – occupation unchallenged for 12+ years – s.29(2)(a) Land Act; inheritance of occupancy – s.34(2) Land Act; registered title vs statutory occupancy protection; burden of proof – sections 101–103 Evidence Act; evidential weight of locus visit.
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22 January 2021 |
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Appeal dismissed as incompetent for failure to obtain statutory leave to appeal from magistrate’s orders.
Civil procedure – appeals from Magistrates’ Courts – Section 76(1) Civil Procedure Act; Order 44 Civil Procedure Rules – requirement for leave to appeal where no statutory right of appeal; Order 52 applications – orders not attracting automatic right of appeal; jurisdictional competence; failure to seek leave in trial court renders appeal incompetent.
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22 January 2021 |
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Appeal dismissed as time-barred and procedurally defective due to an unpermitted amended memorandum and argumentative grounds.
Appeals — time limits under section 79 Civil Procedure Act — requirement to show good cause for late filing; Appeals — amendment of memorandum of appeal requires leave of court (Order 6/Order 43) — improper amendments rendered appeal incompetent; Civil Procedure — grounds of appeal must be concise and non-argumentative (Order 43 Rule 1(2)); Appellate review — role as rehearing but procedural compliance is mandatory before merits considered.
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22 January 2021 |
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Application to remove caveat and order subdivision dismissed due to contradictory affidavits and lack of specific particulars.
* Land law – Caveat – Removal – Applicant must specify the caveat and produce supporting search particulars; contradictory affidavits vitiate summary relief.
* Civil procedure – Motions on affidavit – When material disputes of fact and credibility require oral evidence, the matter should proceed by ordinary plaint and trial.
* Land law – Subdivision/appointment of surveyor – Disputed factual matrix and competing title acts defeat summary appointment.
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22 January 2021 |
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Caveats give temporary protection; a caveator must promptly institute proceedings or the caveat will lapse.
Land law – Caveat – Requirement for caveatable interest and duty to show cause under Registration of Titles Act s.140(1) – Caveat as temporary protection – Obligation to institute substantive proceedings: delay and COVID‑19 considered – Conditional lapse of caveat if no suit filed within fixed time.
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21 January 2021 |
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A registrar lacks jurisdiction to dismiss a part‑heard suit; such dismissal is a nullity and the suit remains pending.
Civil procedure — Registrar powers — Order 50 CPR does not authorize Registrars to dismiss part-heard suits; dismissal under Order 17 r.6 by a registrar without jurisdiction is a nullity; procedural mis‑citation (O.9 r.23) not necessarily incurable.
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21 January 2021 |
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The plaintiff who purchased the land was entitled to recovery, declaration of trespass, UGX36,000,000 damages and costs.
Land law – ownership by purchase and transfer – vacant possession and title as proof of ownership; Trespass – unauthorised entry and interference with possession; Remedies – declaration of trespass, order for recovery, general damages and costs; Ex parte judgment where defendants failed to enter defence.
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21 January 2021 |
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Court reinstated dismissed suit subject to UGX30,000,000 security for costs; each party to bear own costs.
Civil procedure – setting aside dismissal – reinstatement of suit – unopposed application – security for costs as condition for reinstatement to prevent abuse and backlog – costs: each party bears own costs.
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21 January 2021 |
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The applicants successfully annulled a fraudulent post-mortem transfer, reclaimed title, and obtained damages, interest and costs.
Land law – Title obtained by fraud – Post-mortem transfer of certificate of title – Administrators’ locus to challenge registration – Cancellation of registration and transfer to administrators; award of general damages, interest and costs.
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21 January 2021 |
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A third party omitted from proceedings may obtain review limited to the affected property for denial of a fair hearing.
Civil Procedure — Review — O.46 r1 — mistake or error apparent on the face of the record; Third-party review — aggrieved proprietor; Constitutional right to fair hearing — failure to join party; Relief limited to affected property; Costs awarded for partial success.
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21 January 2021 |
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Contempt claim dismissed for failure to prove respondents disobeyed land-allocation order; fresh trespass suit advised.
* Contempt of court – alleged disobedience of LCIII and High Court orders – requirement to prove occupation of the portion decreed to applicant. * Interpretation of subordinate court order – allocation between widow and clan; absence of reversion clause. * Appropriate remedy – contempt proceedings not suitable to challenge title; fresh civil suit for trespass advised.
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20 January 2021 |
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Applicants failed to prove fraud; respondents who purchased without notice hold indefeasible title as bona fide purchasers.
Land law – indefeasibility of title – bona fide purchaser for value without notice; Succession and administration – letters of administration later annulled for fraud; Proof of fraud – must be specifically pleaded and strictly proved; Evidential burden – failure to call Land Registration official and vendor weakens fraud claim; Caveat and white page discrepancies – not determinative absent notice to purchaser.
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20 January 2021 |
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20 January 2021 |
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Plaintiffs failed to prove fraud; subsequent bona fide purchasers’ registered titles are protected and claims dismissed.
Registration of Titles – indefeasibility of title; bona fide purchaser for value without notice; revoked letters of administration and effect on subsequent purchasers; burden and strict proof of fraud; caveat as encumbrance not bar to transfer.
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20 January 2021 |
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Forged title cancelled; estate administrators declared owners; 1st defendant recognised as bona fide occupant of half an acre.
* Land law – title – forgery of certificate of title – forged instrument number and absent registry records; registry concession to cancel title.
* Equity and remedies – cancellation of title, declaratory relief and permanent injunctions where title procured by fraud.
* Possession – bona fide occupant protection under s.29(2)(a) of the Land Act; limited occupancy recognised despite fraud affecting title.
* Agency/privy – beneficiary or participant in fraudulent acquisition may be held privy and deprived of proprietary claims.
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19 January 2021 |
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Plaintiff failed to prove title; hand‑over document invalid and defendants lawfully possess the land.
Land law – customary tenure v Kibanja – characterization of unregistered land; Evidence – authenticity of written family hand‑over document; Possession – continuous occupation, gifts and purchases; Burden of proof – plaintiff’s duty to establish vendor title and document authenticity; Due diligence in land transactions; Reliefs – eviction and declarations denied where title unproved.
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19 January 2021 |
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Court must consider the applicant’s pending discovery and may extend time before declaring a suit abated.
* Civil procedure – Order XIA Civil Procedure Amendment Rules 2019 – requirement to take out summons for directions within 28 days.
* Extension of time – Order XIA r 1(5) – court may extend 28-day period where discovery of documents is required, on application or suo motu.
* Abatement – a suit should not be declared abated without considering pending applications that engage exceptions or extensions under Order XIA.
* Duty of court – Registrar/Deputy Registrar must study the file and exercise discretion judiciously before ordering abatement.
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11 January 2021 |
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A temporary injunction preserves the status quo where the applicant in possession shows a prima facie case and irreparable harm.
Land law – temporary injunctions – preservation of status quo pending substantive suit – prima facie case, irreparable injury and balance of convenience – interlocutory court must not determine title – damages may be inadequate for land recovery.
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11 January 2021 |