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Citation
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Judgment date
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| December 2023 |
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Court ordered joinder of registered proprietors as co-defendants under Order 1 rule 10(2) to enable complete adjudication.
Civil Procedure — Order 1 rule 10(2) — Joinder of parties — Necessity for effectual and complete adjudication — Preliminary objection on right to be heard — Avoidance of multiplicity of suits.
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29 December 2023 |
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Court ordered removal of caveats once the underlying suit was dismissed for want of prosecution.
* Land law – Caveats – Removal of caveat after dismissal of underlying suit for want of prosecution – Consequential order under section 98 Civil Procedure Act and Order 52 CPR. * Civil procedure – Inherent powers – Granting consequential relief where main suit dismissed and caveats are no longer justified. * Unopposed applications – Effect of respondent failing to file affidavit in reply.
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19 December 2023 |
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Court granted order vacating caveats after the underlying consolidated suit was dismissed and reinstatement refused.
* Civil procedure – consequential orders – removal of caveats following dismissal of underlying suit for want of prosecution. * Inherent jurisdiction – Section 98 Civil Procedure Act and Order 52 CPR – power to make consequential orders. * Caveat law – continued existence of caveat contingent on existence of underlying legal/equitable interest.
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19 December 2023 |
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Plaintiffs lacked standing to sue intestate property without letters of administration and failed to plead a limitation exemption.
* Succession law – intestate estate – requirement for letters of administration before suing to establish rights in deceased’s property (s191 Succession Act).
* Exception to letters requirement – scope and limits of Israel Kabwa v Martin Banoba Musiga when claimant is in occupation/has Certificate of No Objection.
* Limitation law – 12-year limitation for recovery of land; burden to plead exemption under Limitation Act.
* Civil procedure – plaint requirements; Order 7 r 11(a) & (d) – plaint liable to be rejected when plaintiffs lack legal right or claim is time-barred.
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18 December 2023 |
Civil Procedure—Electronic service—Order 5 CPR—Proof of delivery via electronic means—WhatsApp service effective with recipient confirmation (e.g., double blue ticks)—Mandatory 21-day service period—Dismissal per Order 5 rule 1(3) CPR for untimely service without extension—No discretion in dismissal
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15 December 2023 |
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Leave to appeal granted where two substantial legal questions on limitation and possession warranted appellate determination.
Civil procedure – Leave to appeal – requirement of substantial questions of law and miscarriage of justice; Limitation – whether suit is time-barred; Possession – prima facie possession findings; Abuse of process – when to dismiss leave applications as frivolous.
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7 December 2023 |
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Leave granted to amend plaint to specify compensation amount where cause of action remains unchanged; each party bears own costs.
* Civil procedure – Amendment of pleadings – Order 6 r.19 CPR and s.98 CPA – Leave to amend to quantify damages – Cause of action unchanged – Amendment allowed at preliminary stage. * Pleadings – Clarification of relief sought (quantification of compensation) – Respondents’ right to respond preserved. * Costs – Each party to bear own costs of application.
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7 December 2023 |
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Caveator must promptly litigate asserted interests; failure to commence suit within 90 days will lead to vacatur of the caveat.
Land law – Caveats – Purpose and temporary nature of caveat – Caveator must have legal or equitable interest – Caveator must prosecute claimed interest; court may vacate caveat if caveator fails to pursue remedy.
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6 December 2023 |
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Court grants letters of administration ad litem under s.222 to enable applicants to represent deceased in pending suit.
Succession Act, s.222 — Letters of administration limited to suit (ad litem) — Grant where urgency or special circumstances prevent full grant — Limited to litigation representation; no power to distribute estate — Certificate of no objection and caveat as grounds for locus standi.
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5 December 2023 |
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Second applicant lacked locus; caveat retained as proprietary disputes are triable and require an ordinary suit.
Land law – Caveat removal – Locus standi of applicant; Section 140(2) Registration of Titles Act — no mandatory resort to Registrar; Caveatable interest — kibanja/equitable interest as protectable interest; Procedural suitability — disputed proprietary rights require ordinary suit.
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4 December 2023 |
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Applicants granted conditional consequential orders for vacant possession and title issuance; appeal does not automatically stay execution.
* Civil procedure – consequential orders – enforcement of judgments by granting vacant possession and issuing titles following judicial declarations of fraudulent acquisition. * Appeals – effect on execution – appeal does not automatically stay execution; party must apply for stay. * Evictions – compliance with Constitution (Land Evictions) (Practice) Directions 2021 requiring valid court order before eviction.
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2 December 2023 |
| November 2023 |
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Stay of execution refused where applicant failed to show imminent execution or substantial loss pending appeal.
Civil procedure – Stay of execution pending appeal – Conditions under Order 43 r.4(3) – Requirement to show substantial loss or imminent threat of execution – No stay where no evidence of execution proceedings.
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30 November 2023 |
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Applicant failed to prove contempt where no lawful injunction was produced and alleged acts predated the order.
Contempt of court – elements: existence of a lawful order, knowledge/service, wilful disobedience – proof required beyond reasonable doubt; absence of ruling/file undermines existence of order; contempt powers are discretionary and a last resort.
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29 November 2023 |
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A compensation claim under the Expropriated Properties Act is a remedial vested right and not automatically time‑barred by general limitation law.
* Expropriated Properties Act (Cap.87) – compensation under s.12(1);
* Limitation – applicability of general limitation law to claims arising under a specific remedial statute;
* Statutory interpretation – generalia specialibus rule; remedial statutes and vested rights; constitutional protection of property rights;
* Procedural – preliminary objection challenging limitation overruled; matter to proceed on merits.
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29 November 2023 |
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Failure to first apply to the Registrar under Section 167 rendered the court vesting application improper and thus dismissed.
* Registration of Titles Act s.167 – statutory vesting orders – requirement to apply first to the Commissioner/Registrar before court intervention
* Distinction between ordinary possession/equitable ownership and a statutory vesting order
* Civil procedure – inappropriate invocation of court’s jurisdiction where statutory remedy not exhausted
* Relief dismissed for non-compliance with statutory procedure; costs awarded to the opposing party
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29 November 2023 |
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Consent judgment disposing of deceased’s estate without letters of administration is illegal; beneficiaries to be joined and suit reheard.
Succession law – Letters of administration – Consent judgment dealing with deceased’s estate without letters of administration voidable for illegality; Gift inter vivos requires proof; Beneficiaries’ joinder and amendment of plaint to avoid multiplicity; Sale and warrant arising from illegal consent judgment set aside.
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29 November 2023 |
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Application for vesting order dismissed because applicant failed to first apply to the Commissioner as required by Section 167.
Land registration – Section 167 Registration of Titles Act – Vesting orders – Procedural prerequisite to apply first to Commissioner Land Registration before court relief – Inherent jurisdiction – Court will not usurp statutory functions of Commissioner.
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29 November 2023 |
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An applicant with an equitable land interest may be added as co-defendant where their presence is necessary for complete adjudication.
Civil procedure – Order 1 Rule 10(2) – Addition of parties – Distinction between necessary and proper parties; A plaintiff need not have a cause of action against a proposed co-defendant where that party’s presence is necessary for effectual adjudication; Equitable interest in land – prior cancellation of titles may render joinder necessary; Multiplicity of suits – courts should exercise discretion to avoid separate proceedings and promote judicial economy.
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29 November 2023 |
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Application to cancel title dismissed as premature and likely to render related proceedings moot.
Land law; consequential orders – cancellation of certificate of title; section 177 Registration of Titles Act – cancellation requires recovery of land; mootness – courts decline academic orders affecting ongoing suits and injunctions; procedural propriety of seeking consequential relief after setting aside consent judgment.
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29 November 2023 |
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Court granted limited letters of administration ad litem and substituted the widow as plaintiff to prosecute the pending suit.
Succession Act s.222 – letters of administration ad litem; substitution of plaintiff in pending suit; survivability of cause of action; limited administration pending probate; restrictions on consent judgments and settlements.
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27 November 2023 |
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An application to reinstate an appeal was dismissed for attempting to amend pleadings by addendum, contrary to procedure.
Civil Procedure—Amendment of pleadings—Addendum not recognized—Applications must comply with procedural rules—Reinstatement of dismissed suits—Procedural propriety in moving court.
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24 November 2023 |
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Executor of a deceased plaintiff substituted as party to continue suit, with amendment of pleadings and parties bearing own costs.
Civil procedure – substitution of party – death of plaintiff – executor of estate – amendment of pleadings – survival of cause of action – legal standing of executor upon grant of probate.
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23 November 2023 |
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An ex parte taxation ruling was set aside where the applicant was not properly served and denied the right to be heard.
Land law — Taxation proceedings — Ex parte taxation ruling — Service of process — Validity of service through different advocates — Right to be heard — Deputy registrar’s jurisdiction.
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23 November 2023 |
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Severance application dismissed as inappropriate by notice of motion due to triable issues and absent necessary parties.
Civil procedure – mode of instituting suits – notice of motion vs plaint; Land law – joint tenancy and severance; Family land – joinder of necessary parties; Locus visit – evidence of multiple occupants; Triable issues requiring trial and oral evidence.
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20 November 2023 |
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An application for leave to appeal and stay of proceedings was dismissed for lack of merit, real prospects of success, and procedural compliance.
Civil procedure – leave to appeal – res judicata – requirements for leave to appeal – need for a prima facie ground of appeal with realistic prospect of success – procedural requirements regarding notice of appeal – whether further proceedings can be stayed where suits are concluded.
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17 November 2023 |
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Poorly drafted grounds excused; evidence favored the respondent’s customary ownership after LRA displacement.
Land law – customary ownership – burden of proof on competing claimants; possession after forced displacement (LRA insurgency) – involuntary abandonment does not extinguish title; defective grounds of appeal – Order 43 r.1(2) CPR; evaluation of evidence and inadequately reasoned judgments; locus in quo and oral corroboration (mango tree, cooperative store).
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16 November 2023 |
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Unregistered purchaser in actual possession prevails where registration was obtained fraudulently and without due diligence.
Land law – possession and equitable interest of kibanja/purchaser of registrable interest; bona fide purchaser doctrine – due diligence and constructive notice; impeachment of title for fraud; limitation – accrual when adverse claim discovered; remedies – cancellation of title, substitution, injunction, damages and costs.
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14 November 2023 |
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13 November 2023 |
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A consent decree was set aside due to lack of compliance with legal protections for illiterate parties and procedural irregularities.
Civil procedure – review and setting aside of consent decree – illiterate parties – consent decree lacking certificate of translation – Section 3 Illiterates Protection Act – binding effect and vitiating factors of consent judgments – court policy and procedure.
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10 November 2023 |
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10 November 2023 |
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Court refused to strike out appeal for non-service, ordered service within 21 days and held substantive justice prevails over technicalities.
* Civil procedure – Appeals to High Court – Memorandum of appeal – Lodgement and service requirements under Order 43 Rules 1,10 and 11.
* Service – Notice of hearing – Whether failure to serve memorandum mandates striking out where appeal proceeds inter-party.
* Constitutional and inherent judicial powers – Avoidance of technicalities to secure substantive justice.
* Waiver – Participation in hearings may amount to waiver of objection to non-service.
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10 November 2023 |
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Court refused to strike out appeal for alleged non-service and ordered service of memorandum within 21 days.
Civil procedure – Appeals to High Court – Memorandum of appeal – Service requirements – Order 43 Rules 1,10,11 – Notice of hearing – Effect of respondent's appearance on alleged non-service – Inherent judicial powers to avoid technical dismissals – Costs to abide appeal result.
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10 November 2023 |
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Court reviewed and set aside a dismissal effected under the wrong rule, reinstating the applicant’s land suit for hearing.
Civil procedure — Review of judgment — Error apparent on the face of the record — Dismissal under wrong rule (Order 17 r.4 v. Order 9 r.22 / Order 17 r.5) — Non-appearance v. want of prosecution — Effect of counsel’s mistake on litigant — Reinstatement of suit.
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10 November 2023 |
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Court reviewed and set aside dismissal where wrong procedural rule was applied, reinstating the suit for hearing.
Civil Procedure – Review of judgment – Error apparent on the face of the record – Wrong procedural rule applied in dismissal; Dismissal for non-appearance (Order 9 r.22) vs dismissal for want of prosecution (Order 17 r.4 / r.5) – Reinstatement of suit – Mistake of counsel not visited on litigant.
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10 November 2023 |
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8 November 2023 |
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A suit dismissed without being heard on its merits was reinstated after proof of proper service and absence of the respondent.
Civil procedure – reinstatement of dismissed suit – proper service of summons – ex parte proceedings – inherent powers of court under section 98 Civil Procedure Act.
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8 November 2023 |
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A beneficiary caveat supported by familial succession cannot be vacated without court adjudication of competing interests.
* Land law – Beneficiary caveat – Registration of Titles Act s.140 – requirement of caveatable interest; caveat removal is by judicial discretion; caveator must pursue substantive proceedings and not be presumed to have abandoned the claim.
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6 November 2023 |
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Court granted temporary stay of execution pending review of allegedly unserved ex parte judgment affecting land title.
Land law; stay of execution pending review; non-service of process; ex parte judgment; requirements for stay — substantive application pending, serious threat of execution, risk of rendering substantive relief nugatory; uncontested affidavit evidence.
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6 November 2023 |
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Court granted temporary stay of execution pending review after finding the statutory conditions for stay satisfied.
Land law; stay of execution pending review – conditions for grant: substantive application pending, serious threat of execution, risk of rendering substantive remedy nugatory; uncontested affidavit evidence deemed admitted.
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6 November 2023 |
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Applicants granted letters of administration ad litem limited to a pending suit due to delay in obtaining a full grant.
* Succession Act s.222 – Letters of administration limited to suit; ad litem grants
* Requirement of urgency/special circumstances where full grant impracticable
* Limited grant confined to representation in suit; no power to distribute estate
* Caveat/delay and certificate of no objection as grounds for limited grant
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5 November 2023 |
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3 November 2023 |
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3 November 2023 |
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3 November 2023 |
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Where a plaintiff’s earlier registered title is fraudulently overlaid, the plaintiff’s title prevails and impugned titles are cancelled.
Land law – priority of registered title under RTA – earlier registration prevails absent fraud; Fraud/double‑plotting and superimposition – registration of titles that do not relate to the mother title; Capacity of corporate bodies to hold mailo land – relevance of articles, shareholding and restrictive clause; Mortgagee powers – sale by mortgagee valid under Mortgage Act and purchaser’s title good except for fraud or notice; Requirement (or not) of company resolution to transact or institute suit; Trespass and remedies – cancellation of titles, injunction, mesne profits and general damages.
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3 November 2023 |
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Whether plaintiff's earlier mailo title prevails over later superimposed titles fraudulently procured by defendants.
Land law – Registration of Titles – Priority of earlier registered mailo title over later certificates; Fraud/double-plotting and superimposition of titles; Capacity of companies to hold mailo land and evidentiary weight of company resolutions; Bona fide purchaser defence – onus and proof; Remedies – cancellation of titles, injunction, mesne profits and damages.
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3 November 2023 |
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3 November 2023 |
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2 November 2023 |
| October 2023 |
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Suit did not abate because the default-judgment exception under Order XIA applied and the case was not dormant.
* Civil Procedure (Amendment) Rules 2019 – Order XIA – summons for directions – abatement for failure to extract summons.
* Order XIA Rule 4(a) – exception where plaintiff has applied for default judgment; Rule 4(e) – exception for matters referred to an official referee or court-based mediator.
* Case management – non-dormancy and pre-trial steps (scheduling memorandum, trial bundle, witness statements) relevant to abatement determination.
* Inherent/judicial discretion – ensuring fair hearing by ordering service of documents rather than abatement.
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31 October 2023 |
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Suit does not abate for failure to extract summons for directions where plaintiff applied for default judgment and has actively prepared trial materials.
Civil Procedure — Order XIA (Amendment Rules 2019) — Abatement for failure to extract summons for directions — Exceptions: Rule 4(a) (default judgment/summary judgment context) and Rule 4(e) (court-referred matters/official referee) — Mediation not court-referred does not engage Rule 4(e) — Court’s case-management role and inherent powers to avoid unwarranted abatement.
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31 October 2023 |
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31 October 2023 |