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Citation
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Judgment date
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| April 2024 |
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Applicant failed to show sufficient reason for extension of time to appeal; late memorandum struck out and application dismissed with costs.
Civil procedure – extension of time to appeal – applicant must show sufficient reason/good cause for inability to take essential procedural step within time; inordinate unexplained delay justifies refusal. Attorney negligence – failure by former counsel does not automatically excuse applicant's duty to act promptly where time‑bound orders exist. Execution – stay pending appeal collapses where no valid appeal exists. Eviction orders – 60‑day vacate directive imposes obligation to act without delay.
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30 April 2024 |
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Plaintiff’s parcel was fraudulently included in defendant’s title; court ordered re-transfer, refund, damages and costs.
Land law – title and fraud – certificate of title conclusive except where procured or tainted by fraud; breach of contract by surveyor; limitation Act acknowledgment exception; specific performance/mutation and damages awarded.
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30 April 2024 |
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30 April 2024 |
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Appeal dismissed for failure to prove ownership or trespass concerning a disputed access road between neighboring land parcels.
Land law – Title and ownership – Proof of lawful ownership and access road – Civil procedure – Pleadings bound parties – Trespass to land – Burden of proof – Sufficiency of evidence.
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29 April 2024 |
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Judicial sale in execution can be set aside where an objector proves possession at attachment and purchaser lacks adequate proof.
Civil procedure – Attachment and sale in execution – Objector proceedings under Order 22 rr.55–57 – Requirement of possession and interest at date of attachment – Sale in execution liable to be set aside if irregular. Evidence – Proof of ownership and possession – sale agreement and affidavits admissible to establish possession at attachment. Execution law – Purchaser’s due diligence – inadequate proof fails to defeat valid objector claim.
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29 April 2024 |
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26 April 2024 |
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Transfer by unregistered administrator was fraudulent; purchaser not bona fide; court rectified title and split land between estates.
Succession and land law – administrator’s powers and registration – sale by purported administrator before registration – validity and fraud; Limitation – accrual postponed by lack of locus and alleged fraud; Registered title – indefeasibility subject to fraud; Bona fide purchaser – burden to prove good faith and due diligence; Remedies – rectification of title, partition into two titles, damages, injunction and costs.
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25 April 2024 |
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Plaintiff proved sale only of Plot 1205; Plot 1206 was lawfully acquired by the 2nd defendant and plaintiff’s fraud claim failed.
Land law – contract for sale of land – requirement of written contract where value exceeds statutory threshold; Registration of Titles Act – relief against registered proprietor only where registration procured by fraud; Evidence – documents not tendered as exhibits cannot be relied upon; Remedies – declaration of ownership, general damages, refund for failure of consideration, vacation of caveats, costs.
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25 April 2024 |
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24 April 2024 |
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Suit dismissed as incompetent because no plaint instituting the suit was on the court record; dismissal under s.17(2)(a) Judicature Act.
Civil procedure – institution of suit – requirement of a plaint on the court record – absence of a plaint renders proceedings incompetent. Electronic filing – ECCMIS – documents uploaded for a different suit do not constitute institution of a separate suit. Statutory basis – dismissal for incompetence under Section 17(2)(a) of the Judicature Act, Cap 13.
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23 April 2024 |
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An abated suit must be refiled; counsel’s mistake does not justify reinstatement and the application was dismissed with costs.
Civil Procedure — Abatement under Order 11A (Rules 1(2), 1(6)) — Remedy is to file fresh suit under Order 11A Rule 7 — Mistake of counsel not sufficient to reinstate — Stay of execution not available where no pending suit.
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22 April 2024 |
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Appeal dismissed: no proven gift inter vivos; disputed land remained part of the deceased’s estate; trial decision upheld.
Land law – gift inter vivos v. estate property; requirements for gift of land (intention, delivery, acceptance, formalities); evidentiary value of identification documents; party substitution after death; appellate re-evaluation of facts.
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22 April 2024 |
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Applicant failed to satisfy Section 167 vesting-order conditions and did not first apply to the Registrar; application dismissed.
Registration of Titles Act s.167 – Vesting order: procedural prerequisite to apply to Registrar; substantive conditions (full payment, possession, vendor acquiescence, vendor unavailable); evidentiary proof required to show vendor cannot be found; failure to prove possession or inability to locate vendor defeats vesting application.
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19 April 2024 |
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A prior finding of illegality in land dealings does not bar a later suit involving different parties and bona fide purchaser issues.
Civil procedure – res judicata – requirements: former decision by competent court; matter directly and substantially in issue; same parties or parties claiming under same title. Evidence Act – relevance of prior judgments: prior judgments irrelevant unless a fact in issue or within specified jurisdictions. Land law – matrimonial property finding and cancellation of titles in earlier judgment does not automatically bar later proceedings involving different parties or bona fide purchaser issues. Bona fide purchaser for value without notice – distinct issue requiring trial where not previously determined.
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19 April 2024 |
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Failure to file affidavit proving court-ordered substituted service rendered the suit incompetent and led to dismissal.
Land procedure – substituted service – requirement to file affidavit of service – non-compliance renders proceedings incompetent – dismissal under Section 17(2)(a) Judicature Act Cap 13.
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19 April 2024 |
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A temporary injunction was granted to prevent further alienation or development of disputed land pending resolution of the main suit.
Land Law – Temporary injunction – Grounds for grant of temporary injunction – Ownership and alienation of disputed property during pending litigation – Risk of irreparable harm – Maintenance of status quo.
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19 April 2024 |
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Plaintiff failed to prove redemption or fraud; sale by assignee and its agent was lawful, suit dismissed with costs.
Mortgage and redemption – burden of proof; Assignment of bank security to loan purchaser and agent's authority; Allegations of fraud in land title procurement – requirement to particularize and prove; Relief/declatory orders dismissed where payment and fraud not established.
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18 April 2024 |
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First appellate court affirms locus in quo proceedings, upholds validity of sale agreement and damages where appellants failed to prove procedural or evidential error.
Civil procedure – Locus in quo – ex parte locus permitted where parties duly notified but fail to attend – O.91 r.20 CPR; Evidence – appellate reappraisal of findings where admissions and witness testimony support trial court; Contracts/Illiterates Protection Act – thumb-print/translation objections must be proved at trial; Control of damages – appellate interference only if wrong principle or entirely erroneous estimate.
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17 April 2024 |
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An appeal challenging a trial magistrate’s findings on land sale, locus in quo procedure, and evidentiary evaluation was dismissed.
Land law – Kibanja interests – locus in quo procedure – absence of parties during locus visit – validity of agreements under the Illiterates Protection Act – evaluation of trial evidence and witness credibility on appeal – damages – procedural fairness.
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17 April 2024 |
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Applicant failed to meet conditions for stay of execution pending appeal; application dismissed with no orders as to costs.
Stay of execution pending appeal to the Court of Appeal; Order 43 Rule 4 inapplicable to appeals from High Court to Court of Appeal; inherent jurisdiction under Section 98 Civil Procedure Act; conditions for stay (Kyazze): notice of appeal, imminent threat of execution, substantial loss, no unreasonable delay, security for performance; distinction between security for costs and security for performance; dismissal for failure to meet conditions.
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16 April 2024 |
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Plaintiff's claim to land ownership was barred by res judicata because the same issue was conclusively decided earlier.
Civil procedure - Res judicata - Application of section 7 Civil Procedure Act - Whether subsequent suit raises matter already directly and substantially in issue in a former suit. Competent court - Magistrates' jurisdiction under s.207(1) Magistrates Courts Act to determine trespass/ownership. Parties and privies - identity of interest between litigants and their representatives. Finality - earlier judgment not set aside and appeal dismissed for want of prosecution.
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16 April 2024 |
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16 April 2024 |
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11 April 2024 |
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Failure to provide proof of service resulted in dismissal of an application to reinstate a previously dismissed land dispute suit.
Civil procedure – Dismissal for want of service – Requirement for affidavit of service or return of service – Application to set aside dismissal and reinstate suit – Order 5 rule 3(c) of Civil Procedure Rules.
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11 April 2024 |
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Trespass is a continuing cause of action accruing on discovery; lis pendens inapplicable where issues, parties or courts differ.
Land law – Limitation Act s.5 – possessory/trespass claims as continuing torts; accrual when interference discovered; res judicata/lis pendens – applicability requires same substantial issues, same parties and same court jurisdiction; distinctions between possessory claims and easement claims.
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11 April 2024 |
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Appeal against registrar’s temporary injunction dismissed as filed out of time; no good cause shown to extend limitation.
Civil Procedure Act s79(1)(b) – Limitation for appeals against registrar’s orders – Seven-day period – Appeal filed out of time – Requirement of good cause to admit out-of-time appeal – Appeal held incurably incompetent.
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10 April 2024 |
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Failure to file witness statements and improper adjournment requests justified dismissal under section 17(2)(a) of the Judicature Act.
Civil procedure — Adjournments — Practice Directions require oral applications — Advocate holding brief expected to have instructions — Witness statements (Order 18 r.5A, SI 33/2019) — Non-compliance and repeated adjournments — Dismissal for delay (s.17(2)(a) Judicature Act) — Costs awarded (s.27(1) Civil Procedure Act).
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9 April 2024 |
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An electronic signature via ECCMIS validates chamber summons; temporary injunction preserving status quo was properly granted.
Civil procedure – validity of process – electronic admission and signature of chamber summons under ECCMIS – Electronic Transactions Act – Order 5 r.1(5) CPR – temporary injunction – preservation of status quo – locus in quo – fair hearing.
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8 April 2024 |
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8 April 2024 |
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Consent order set aside because it validated an unlawful transaction on family land made without spouse's required consent.
Land law – family land – spouse’s written consent required for transactions in family land – transactions without consent void ab initio; Consent judgments – final but vitiable where they validate illegality or are entered in ignorance of material facts; Judgment on admission – discretionary and does not override statutory protections.
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5 April 2024 |
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Application dismissed for want of prosecution because counsel failed to attend and did not formally withdraw.
Civil procedure – dismissal for want of prosecution – counsel’s non‑attendance and failure to formally withdraw – court’s power to dismiss and order costs.
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5 April 2024 |
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Application for security for costs dismissed; applicants failed to show frivolous suit or respondent's inability to pay.
Civil procedure – Security for costs – O.26 r.1 CPR – discretionary order; prima facie assessment of pleadings and affidavits. Whether suit is frivolous/vexatious, time-barred or plaintiff lacks locus – matters for trial if both parties have prima facie cases. Impecuniosity alone insufficient to warrant security for costs; speculative assertions of inability to pay are inadequate. Costs of the security application ordered in the main cause.
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4 April 2024 |
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Court allowed amendment of plaint to correct omissions, strike out non-existent party and add defendants; res judicata did not apply.
Civil procedure – Amendment of pleadings (Order 6 r.19 CPR) – leave to amend to determine real questions in controversy; Miscellaneous applications and res judicata – doctrine not applicable where earlier application was dismissed on technicality and miscellaneous applications are not substantive suits; Striking out non-existent party and adding necessary parties; Principles from Gaso Transport on amendments; Where applicants were unrepresented, court may allow corrective amendments to avoid multiplicity.
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4 April 2024 |
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Applicant failed to show sufficient cause or diligence to set aside an ex parte judgment; application dismissed.
Civil procedure – Ex parte judgment – Setting aside – Order 9 r.27 – "sufficient cause" and litigant diligence. Service and notice – Alleged non-service and counsel’s failure to notify litigant. Procedural fairness – Reinstatement test: honest intention to attend and due diligence. Stay of execution/taxation – Overtaken by events where setting aside not merited.
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3 April 2024 |
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3 April 2024 |
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Interim injunction granted restraining disposal and further construction on contested land to prevent irreparable harm.
Land — Interim injunction — maintenance of status quo; preservation of right to be heard; imminent danger of sale; irreparable injury; balance of convenience — exercise of inherent powers under s.98 and s.64(e) Civil Procedure Act.
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3 April 2024 |
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Court upholds registered title obtained via certificate of repossession; dismisses fraud allegations and grants declaration, injunction and damages.
Land law – certificate of repossession – expropriated properties – validity and challenge to title Fraud – standard and attribution in land transactions – allegation must be proved against transferee Civil procedure – plaint disclosing cause of action – dismissal where no interference or breach by defendant Remedies – declaration of title, permanent injunction, general and punitive damages, costs
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3 April 2024 |
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Stay of execution granted pending appeal where the applicant showed risk of substantial loss and a plausible chance of success.
Civil procedure – Stay of execution pending appeal – requirements: notice of appeal, risk of substantial loss, no unreasonable delay, security determined on merits; Probate/estate administration – allegations of misadministration and fraudulent transfer; Appeal – likelihood of success and triable issues.
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2 April 2024 |
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2 April 2024 |