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Citation
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Judgment date
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| December 2022 |
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Application to reinstate an appeal dismissed for want of prosecution refused due to counsel conflict and applicants’ delay.
* Conflict of interest – advocate who successfully obtained dismissal for respondent cannot later represent applicants to set aside that dismissal. * Civil procedure – reinstatement of appeal dismissed for want of prosecution requires proof of sufficient cause; absence, non-compliance with directions and long delay are fatal. * Professional conduct – notice of change of advocate and amendment of pleadings required where representation changes.
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22 December 2022 |
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21 December 2022 |
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Application to set aside a consent judgment dismissed; fraud unproven and mediator's inclusion of the proprietor upheld.
* Civil procedure – setting aside consent judgment – inherent powers (s.98 Civil Procedure Act) – hearing on merits.
* Consent judgments – grounds for setting aside: fraud, illegality, mistake, misrepresentation, collusion – requirement of specific pleading and strict proof.
* Evidence – allegations of fraud require full inquiry and are ordinarily determined in an ordinary suit rather than on notice of motion.
* Mediation – mediator may involve non‑parties (including registered proprietor); participation/approval by proprietor can validate settlement.
* Executors – limited ability to overturn mediated consent judgment post mortem where proprietor did not challenge it and partially performed it.
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16 December 2022 |
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Failure to prove exclusive possession defeats trespass claim; sale agreement and continuous occupation support counterclaim to title.
Land law – trespass – burden of proof on plaintiff to prove possession or right to sue in trespass; evidential weight of written sale agreement and continuous occupation; remedies: declaration of title, subdivision order, permanent injunction, costs; refusal to award general damages absent demonstrated loss.
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16 December 2022 |
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16 December 2022 |
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Court refused to set aside dismissal for want of prosecution; applicants failed to show error, new evidence, or sufficient cause.
Civil Procedure – Review (O.46/82 Civil Procedure Act) – Dismissal for want of prosecution – Grounds for review: error apparent on face of record; discovery of new evidence; other sufficient cause – applicants’ failure to prosecute and interference with counsel – powers of attorney irrelevant to reinstatement.
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16 December 2022 |
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Appeal dismissed for fatal procedural defects: memorandum filed before judgment and signed by deceased, breaching appeal time limits.
Civil procedure – appeal – validity and time limits – memorandum of appeal filed before judgment; inconsistent dates and signatures; signature of deceased appellant – preliminary objection upheld; appeal dismissed with costs. Property law – disputed capacity to sell and bona fide purchaser issues (not determined on appeal due to procedural dismissal).
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16 December 2022 |
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Court granted leave to appeal: fines appealable as of right, caveat-vacation requires leave; application unopposed.
Appeals — leave to appeal — section 76(1)(a) Civil Procedure Act (orders imposing fines appealable as of right) — Order 44 Civil Procedure Rules — removal/vacation of caveat not appealable as of right and requires leave — contempt finding and fine — unopposed application for leave.
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14 December 2022 |
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Commissioner acted ultra vires and without hearing in cancelling a certificate of title; court quashed and ordered reinstatement.
Judicial review – land registration – cancellation of certificate of title – ultra vires acts – procedural impropriety and breach of natural justice – certiorari, prohibition and mandamus.
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14 December 2022 |
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Appellate court upholds finding that 12 rooms belong to deceased's estate; appellant failed to prove valid title and appeal dismissed with costs.
Land law – communal/kibanja ownership – 1967 sale agreement and LC II ruling establishing joint ownership; Probate/administration – letters of administration confer management rights over deceased’s estate; Evidence – burden of proof on party asserting rights; procedural irregularity in use of witness statements from related suit not fatal absent shown prejudice; Property transactions – nemo dat quod non habet; failure to call material witnesses permits adverse inference.
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13 December 2022 |
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Plaintiff failed to prove ownership or alleged forgery; land claim dismissed without costs.
Land dispute; succession and title evidence; clan letter versus will; discrepancy in names; burden and standard of proof in civil claims; requirement for strict proof of fraud/forgery; failure to tender crucial documents and witnesses; suit dismissed for lack of merit; costs ordered nil.
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12 December 2022 |
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Plaintiff failed to prove land ownership or alleged forgery; suit dismissed without costs.
Land law – proof of ownership; evidentiary value of clan/kabaka introduction letters versus wills/probate; alleged forgery – requirement of strict proof and production of disputed documents; burden of proof on claimant; dismissal for failure to prove ownership or fraud; suit dismissed without costs.
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12 December 2022 |
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Leave to appeal granted for arguable grounds; application for stay of execution denied.
Civil procedure – leave to appeal – applicant must show arguable grounds or reasonable prospect of success or raise a question of law of general principle; stay of execution – earlier ruling maintained where no new grounds shown.
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12 December 2022 |
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Applicant failed to show sufficient cause to appeal out of time against a taxing master’s decision; application dismissed without costs.
Civil procedure – extension of time to appeal taxing master’s decision – sufficient cause must explain inability to file within 30 days – wrong procedural choice not sufficient – dilatory conduct defeats extension.
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12 December 2022 |
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Applicant failed to show sufficient cause to extend time to appeal taxing-master decisions; application dismissed without costs.
Civil procedure – extension of time to appeal – leave to appeal out of time from decision of taxing master – requirement to show sufficient cause relating to inability to act within prescribed time – wrong procedural choice and dilatory conduct do not constitute sufficient cause.
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12 December 2022 |
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Compulsory acquisition without prompt fair compensation is unconstitutional; owner entitled to title restoration, damages, and injunction.
Constitutional and property law – compulsory acquisition of land – Article 26(2) requirement for prompt, fair and adequate compensation; failure to pay compensation renders acquisition unlawful; trespass where possession taken without lawful compensation; Registrar of Titles ordered to reconstruct/cancel titles; award of general and exemplary damages with interest.
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12 December 2022 |
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Compulsory acquisition without prompt, adequate compensation is unlawful; plaintiff awarded declarations, title restoration, damages, interest and costs.
* Constitutional and land law – compulsory acquisition – requirement of prompt, fair and adequate compensation prior to taking possession – Article 26 of the Constitution.
* Property/trespass – unlawful allocation and dealing with land taken without compensation – declaration of trespass and remedies.
* Titles – cancellation/rectification and reconstruction of certificate of title by Registrar where title created improperly.
* Remedies – declarations, permanent injunction, general and exemplary damages, interest and costs.
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12 December 2022 |
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Cancellation of a land title without statutorily required notice and hearing violated the right to a fair hearing; title restored and damages awarded.
Land law – conversion of lease to freehold (s.28 Land Act); Commissioner’s power to cancel title (s.91 Land Act) – mandatory 21 days’ notice and hearing; right to fair hearing (Art.44(c)); restoration of title and damages for unlawful cancellation.
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8 December 2022 |
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Applicants met s.167 RTA conditions; High Court granted vesting order and directed registration, vacating vendor encumbrances.
* Registration of Titles Act s.167 – vesting order – conditions: registered land, completed purchase, possession, acquiescence, transfer unobtainable due to vendor’s death. * High Court jurisdiction to grant vesting orders – precedent permitting court to exercise s.167 powers. * Relief – vesting order, registration by Commissioner, vacation of vendor encumbrances.
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8 December 2022 |
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Plaintiff failed to prove ownership or fraudulent transfer of land; claim dismissed for insufficient evidence.
* Land law – alleged fraudulent transfer of title – requirement that fraud be strictly proved and attributable to transferee; * Evidence – burden and standard in civil cases (balance of probabilities); * Contracts/evidence – sale agreement naming purchaser and payment receipts insufficient to prove purchase on behalf of plaintiff; * Civil procedure – ex parte hearing where defendants fail to file defence.
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2 December 2022 |
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Administrator concealed material facts and failed to file inventory; grant of administration revoked and title corrected.
Succession law — fraudulent procurement of Letters of Administration; duty of administrator to exercise due diligence and inspect estate; obligation to file inventory and accounts under Succession Act s234(2)(b),(e); evidentiary burden in civil claims; authenticity and admissibility of old documents; beneficiaries' locus standi to protect estate interests without Letters of Administration.
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1 December 2022 |
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A motion to remove a sibling's caveat was dismissed because competing title claims require an ordinary suit and evidence.
Land law – Caveats – Right to lodge caveat under s.139 Registration of Titles Act; Title disputes between beneficiaries – substantive determination requires ordinary suit; Reliefs for wrongful caveat and set-off not appropriate on notice of motion; Pending related appeal relevant to available remedies.
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1 December 2022 |
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Application for review and leave to appeal out of time dismissed for failure to prove new evidence and lack of due diligence.
Judicial review — Review of High Court ruling — O.46 r.1 CPR and S.82 CPA — discovery of new and important evidence — requirement of due diligence; Leave to appeal out of time — proof of instructions to counsel; Credibility of documentary evidence and necessity of supporting affidavits; Stay of execution — contingent on successful review/leave to appeal.
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1 December 2022 |
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Court cancelled two land agreements as illegal (advocate remuneration and lack of administration authority) and dismissed the main suit.
Contracts — Champerty and illegality — Third-party challenges to illegality despite privity; Advocates Act — prohibition/requirements on remuneration agreements (s.50, s.51) — notary certification; Succession/Succession Act — dealing with estate without Letters of Administration (intermeddling) — preliminary objection; Cause of action — requirement to amend plaint after joinder of parties.
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1 December 2022 |
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Representative order granted for clan members to sue over disputed Block 555 land, subject to prescribed notice and service requirements.
Land law – representative action under Order 7 CPR – requirements for identifiable class and common interest – mandatory notice to persons represented – content and mode of service of notice.
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1 December 2022 |
| November 2022 |
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The applicant may add a third party when that party’s easement or project affects the disputed land.
* Civil procedure – Joinder/Addition of parties – Whether a third party is a necessary party where its easement or project impacts the disputed land parcel.
* Land law – Easement/compensation – overlap of land parcels and effect on liability for alleged trespass.
* Procedural fairness – prejudice and timeliness in applications to add parties; pleadings timetable following joinder.
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30 November 2022 |
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Application to vacate caveat dismissed; competing titles and alleged fraud require a full trial rather than motion proceedings.
Land law – Caveat – Caveatable interest must be a proprietary interest; Certificate of title under RTA conclusive and indefeasible except for fraud; Competing titles and allegations of fraud require a full trial and cannot be determined on motion/affidavit; Relief to cancel titles or remove caveat not appropriate on application where title dispute exists.
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30 November 2022 |
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Stay of execution denied as premature where no execution proceedings existed and applicants failed to show substantial loss.
Civil procedure — Stay of execution pending appeal — Applicant must show likelihood of substantial loss or irreparable harm; application premature where no sealed decree or execution proceedings have been initiated; speculative applications liable to be dismissed.
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30 November 2022 |
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Court set aside security-for-costs order requiring the applicant to pay before hearing in a land dispute.
Civil procedure — Revision under section 83 CPA — material irregularity; Security for costs — order in land recovery suits; plaint defects vs. striking out/amendment; requirement of hearing before finding suit frivolous.
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30 November 2022 |
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A purchaser with constructive notice of prior fraud and pending litigation cannot claim protection as a bona fide purchaser for value without notice.
* Land law – Registered title – Protection of bona fide purchaser for value without notice – requires good faith and absence of sharp practice; constructive notice imputable where suspicious circumstances exist. * Civil procedure – Review – relief under section 82 CPA and Order 46 CPR requires mistake on face of record, new evidence or sufficient reason; not available where purchaser had notice of prior fraud or pending litigation. * Fraud – transfers effected during pending litigation and shared contact details can indicate collusion to defeat court orders.
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25 November 2022 |
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Caveats over estate land were maintained pending resolution of related Family Division proceedings on estate administration.
* Land law – caveats – validity requires protectable legal or equitable interest; * Administration of estates – disputes over inventory, management and distribution belong to the Family Division where related proceedings are pending; * Civil procedure – section 98 CPA and inherent powers to prevent abuse of process; * Jurisdictional comity – avoid resolving administration disputes in Land Division while Family Division proceedings are pending.
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25 November 2022 |
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An unchallenged proprietary interest justifies adding the applicant as a defendant to protect legal rights and ensure complete adjudication.
Joinder of parties – Order 1 r.10(2) CPR – High/proprietary interest required for joinder – Unchallenged affidavit creates presumption of truth – Joinder to enable effective and complete adjudication and avoid multiplicity of suits (land dispute).
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24 November 2022 |
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Court granted leave to amend plaint to add defendants under Order 6 Rule 19 CPR; strike-out request denied, costs to abide outcome.
Civil Procedure – Amendment of pleadings – Order 6 Rule 19 CPR – discretion to allow amendments to determine real questions in controversy; Strike out of witness statements – interlocutory strike-out refused; Supplementary affidavits – timing, leave and prejudice considerations.
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23 November 2022 |
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Court allowed late amendment to add four defendants under Order 6 Rule 19 CPR; strike‑out of witness paragraphs refused.
* Civil procedure – Amendment of pleadings – Order 6 Rule 19 CPR – discretion to amend pleadings at any stage to determine real questions in controversy.
* Civil procedure – Amendment – considerations: prejudice, mala fides, multiplicity of proceedings, not substituting distinct cause of action.
* Evidence – Application to strike out portions of witness statement declined pending trial.
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23 November 2022 |
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Stay of execution granted conditionally pending appeal; applicant must deposit UGX 20,000,000 as security within 30 days.
Stay of execution; notice of appeal; Order 43 r.4(3) Civil Procedure Rules; security for due performance; risk of rendering appeal nugatory where land title cancellation and transfer ordered.
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23 November 2022 |
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Breach of land sale agreement: applicant entitled to refund, damages, interest and costs due to respondent's default.
Land law – Sale of land – Failure to transfer title and deliver vacant possession – Breach of contract; Civil procedure – Default/interlocutory judgment – defendant’s failure to file a defence deemed admission of plaint allegations; Remedies – Refund of purchase price and facilitation fees, general damages, interest and costs.
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22 November 2022 |
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Failure to deliver title after receiving purchase price entitles buyer to refund, general damages, interest and costs.
* Land sale agreement – failure to deliver vacant possession or title after receipt of full purchase price – breach of contract.
* Default/interlocutory judgment – absence of defence deemed admission of liability; only quantum to be proved.
* Special damages – proof of payment of purchase price and facilitation fees entitles buyer to refund.
* General damages – loss of use and inconvenience from breach entitles plaintiff to compensatory damages.
* Interest and costs – equitable award of interest (18% on special damages from filing; 5% on general damages from judgment) and costs to successful plaintiff.
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22 November 2022 |
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Court allowed substitution of a party but refused amendments that would introduce a new cause of action, reserving costs.
Civil procedure – Amendment of pleadings under Order 6 Rule 19 CPR; substitution of parties – Commissioner, Land Registration; limits on amendments that introduce a new cause of action; avoidance of multiplicity of proceedings; discretion not to allow amendments that cause prejudice or change cause of action.
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18 November 2022 |
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Specific performance refused where land unavailable; plaintiff awarded market value (by valuers), UGX 50,000,000 general damages, 15% interest and costs.
* Land law – Sale of land – Breach of contract where vendor fails to deliver title or vacant possession; addendum and waiver of rescission. * Remedies – Specific performance refused where subject matter unavailable; award of market value by joint valuation, general damages, interest and costs. * Valuation – joint report by government and private valuer within 30 days. * Interest – commercial transaction interest awarded at 15% per annum from judgment.
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16 November 2022 |
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Uncompleted sale, conflicting title documents and subsequent sale defeated the plaintiff's land claim; suit dismissed.
* Land law – Sale of land – incomplete purchase and unregistered transfer; discrepancies between sale documents and registered title; possession and bibanja occupants; caveats on title; locus standi and cause of action when plaintiff sells land during proceedings.
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15 November 2022 |
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Court granted a consequential order under s.177 to cancel and substitute an illegal title entry, ordering registrar compliance.
* Registration of Titles Act s.177 – consequential orders following recovery of land – High Court power to direct cancellation/substitution on certificate of title; registrar’s duty to give effect.
* Proof requirements – necessity to establish recovery by judgment and ownership/legal interest to obtain consequential order.
* Administrative compliance – Commissioner/Registrar obliged to implement court-ordered corrections to register.
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15 November 2022 |
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Sale of kibanja without landlord consent is void; registered legal title prevails and appeal dismissed.
Land law – validity of kibanja sales – requirement of landlord consent (busulu) under s.34(1),(3) Land Act – effect of lack of consent renders sale void; Registered title vs equitable/kibanja interest; First appellate court’s duty to re-evaluate evidence and power to order translation under s.161(2) Evidence Act; Illegality cannot found proprietary claim.
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15 November 2022 |
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11 November 2022 |
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10 November 2022 |
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10 November 2022 |
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9 November 2022 |
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Court treated admissions as resolving breach and validity disputes and ordered each party to bear its own costs.
Contract law — Sales agreement — Alleged breach and validity of agreement — Admissions and judgment on admission (Order 13 Rule 6) — Costs: each party to bear own costs.
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7 November 2022 |
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4 November 2022 |
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Consent order cancelling a lease was set aside after Court found it was fraudulently procured.
Land law – review of consent order – consent obtained by fraud, collusion or misrepresentation – grounds for setting aside consent (fraud, mistake, misapprehension, insufficiency of material facts) – procedural requirement to support res judicata objection (attachment of plaint).
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4 November 2022 |
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Transfer of jointly registered land to a company without a co-owner’s consent was unlawful; ownership reinstated and damages awarded.
Land law – Registered joint proprietors – Section 56 Registration of Titles Act – Transfer without co-owner’s consent fraudulent and void; cancellation of registration and reinstatement of joint proprietors; counterclaim dismissed; award of damages and costs.
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4 November 2022 |