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Citation
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Judgment date
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| May 2024 |
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Where two suits concern the same parties and subject matter, consolidation is appropriate to avoid unnecessary multiplicity of proceedings.
Civil procedure – consolidation of suits – criteria for consolidation – suits involving same parties, facts and subject matter – court's discretion to consolidate unopposed applications.
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31 May 2024 |
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31 May 2024 |
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31 May 2024 |
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31 May 2024 |
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31 May 2024 |
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30 May 2024 |
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30 May 2024 |
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27 May 2024 |
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27 May 2024 |
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27 May 2024 |
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27 May 2024 |
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27 May 2024 |
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24 May 2024 |
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Court dislodged caveats on purchased land where caveators lacked a valid continuing or properly lodged caveatable interest.
Land law – Registration of Titles Act s.139 – caveat requires a legal or equitable caveatable interest.* Civil procedure – improper joinder – striking off parties who did not lodge caveats.* Caveat law – caveat can be dislodged where lodged in error, renounced by caveator, or where related suit does not concern the subject parcel.* Title acquired pursuant to consent judgment supports removal of unrelated caveats.
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24 May 2024 |
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Failure to take out summons for directions under Order XIA(1)(2) mandates abatement; abated suits require a fresh suit, not review.
Civil procedure – Order XIA(1)(2) CPR (Amendment) Rules 2019 – duty to take out summons for directions within 28 days – interpretation of “shall” as mandatory – exceptions under Order XIA(1)(4) – abatement under Order XIA(1)(6) – review of abatement – remedy is fresh suit subject to limitation.
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24 May 2024 |
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Whether defendants hold lawful kibanja interests or are trespassers where some purchases pre‑date the Land Act and others lack landlord consent.
Land law – Kibanja/tenant by occupancy – s.29 lawful and bonafide occupant – occupation and burial as evidence of long occupation; Land Act 1998 s.34(3) – mandatory landlord consent for kibanja transactions post-1998; non-retrospectivity of statute; trespass requires unlawful entry without possessory right; remedies – injunctions, eviction, costs.
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24 May 2024 |
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An implied trust protects infant beneficiaries; Limitation Act does not bar their recovery when trustee breaches the trust.
Limitation Act (s.19) – beneficiaries’ actions to recover trust property – ordinary limitation periods do not bar recovery from trustee; cause of action accrues on breach of trust
Trusts – implied/constructive trust – person entering on infant’s land presumed trustee/agent; fiduciary duties; statute of limitations not to defeat infant’s interest. Civil procedure – departure from pleadings – unpleaded gift inter vivos raised at trial rejected for unfairness
Succession – beneficiaries may sue to protect estate property without letters of administration
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24 May 2024 |
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24 May 2024 |
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Registered titleholder entitled to possession; defendants' unproven claims render them trespassers, eviction and damages ordered.
Land law – trespass to land – registered title conclusive under Registration of Titles Act s.59 – bona fide occupant/security of occupancy (Land Act s.29) – proof required for ancestral/purchase claims – will without probate not establishing title – remedies: eviction, delivery of vacant possession, injunction, damages, interest and costs.
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24 May 2024 |
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24 May 2024 |
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An appeal against a deputy registrar’s injunction filed late and by appellants who failed to oppose was dismissed with costs.
Civil procedure – Appeals from registrar/deputy registrar – time limit under s.79(1)(b) – Appeal filed out of time without leave - Failure to file affidavit in reply implies non-opposition and admission of affidavit facts – Temporary injunction granted by deputy registrar.
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24 May 2024 |
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24 May 2024 |
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23 May 2024 |
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A duplicate review application was struck off as res judicata and an abuse of court process under s.17(2) of the Judicature Act.
Res judicata; abuse of court process; striking off duplicate proceedings; application dismissed under s.17(2) Judicature Act; no costs where costs not fixed for hearing.
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23 May 2024 |
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Court held trial magistrate lacked jurisdiction, declared judgment a nullity, ordered release and referral for retrial.
Civil procedure – slip rule (section 99 CPA) – correction of court’s own orders; Jurisdiction – jurisdictional fact versus adjudicatory fact; nullity of judgments where court lacks jurisdiction; no concept of ‘half‑jurisdiction’; referral of file to competent court; release from civil imprisonment following setting aside of void orders.
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20 May 2024 |
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High Court revises subordinate court’s piecemeal judgment and refers entire land suit to the Chief Magistrate for proper management.
Land law – jurisdiction – subordinate court cautions lack of jurisdiction on trespass yet grants declaratory and monetary reliefs; Civil Procedure Act s.83 – High Court powers of revision; procedure – where lower court doubts competence file should be referred to Chief Magistrate; risk of piecemeal judgments and multiple executions; stay of execution pending proper management.
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18 May 2024 |
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Applicants failed to prove chain of title or documentary evidence of a cancellation process; court dismissed the application.
Land law – title cancellations – application to remove/vacate alleged cancellation of registered titles; evidentiary burden – need for sale agreements, signed transfer forms, survey reports and area schedules; administrative cancellation allegations must be supported by documentary proof; courts will not act on rumours.
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15 May 2024 |
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Application to add alleged administrators as defendants dismissed for lack of proof and because the disputed land was not estate property.
Civil procedure – amendment of pleadings – Order 6 r.19 CPR – leave to amend to add parties. Civil procedure – joinder of necessary parties – Order 1 r.10 CPR – when addition is required for complete adjudication. Succession law – proof of administration – requirement to produce Letters of Administration; effect of Succession (Amendment) Act 2022 s.55 on grants. Land law – property transferred before death is not part of estate; administrators cannot administer non-estate property
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14 May 2024 |
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Two co-administrators cannot unilaterally amend a jointly filed estate suit to add or convert parties without co-administrators' consent.
Civil procedure — Amendment of pleadings — Order 6 Rule 79; Joinder of parties — Order 7 Rule 70(2); Locus standi of joint administrators; Consent required from co-administrators to amend jointly-filed suit; Material change of cause of action may require fresh suit to avoid improper amendment.
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13 May 2024 |
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Application for mandamus to cancel title dismissed: fraud allegations must be pleaded, proved, and decided in a substantive suit with affected parties.
Land law – application for mandamus to Commissioner of Land Registration – allegations of fraud on title – necessity to specifically plead and strictly prove fraud – inappropriate to grant declaratory or mandatory relief without joining the registered proprietor and instituting a substantive suit – affidavit evidence insufficient for cancellation of title.
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13 May 2024 |
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Court reinstated suit dismissed for want of prosecution, allowing substitution of deceased plaintiff after letters of administration.
Civil procedure – setting aside dismissal for want of prosecution – sufficient cause test – counsel’s oversight and registry failures – substitution of deceased plaintiff with administrators upon grant of letters of administration – reinstatement of suit in interests of justice.
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13 May 2024 |
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Court reinstated suit dismissed for want of prosecution and allowed administrators to be substituted for the deceased plaintiff.
Civil procedure – dismissal for want of prosecution – setting aside dismissal – sufficient cause required – counsel’s oversight and registry delay can justify reinstatement; Succession/administration – substitution of deceased plaintiff – grant of letters of administration enables substitution; procedural relief – filing amended plaint and overtaken applications.
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13 May 2024 |
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A contemnor who has not purged contempt cannot be heard; review dismissed for failure to purge and to establish review grounds.
Civil contempt – contemnor not to be heard until he/she purges contempt – court may refuse to entertain applications by contemnors; Review of judgments – grounds: error apparent on face of record, new evidence, or other sufficient reason (Section 82 CPA; Order 46 r.1 CPR); Enforcement – locus in quo evidence of continued prohibited activity reinforcing contempt finding; Costs awarded to successful respondent.
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7 May 2024 |
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Defendant trespassed beyond recognized kibanja; plaintiff entitled to vacant possession, injunction and damages.
Land law – Kibanja (customary/unregistered) interest; trespass to land – possession and unauthorized entry; evidence – documentary title, agreement and locus in quo; remedies – declaration, vacant possession, permanent injunction, general damages, interest and costs.
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3 May 2024 |
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Application for stay dismissed: administrator cannot delegate authority by power of attorney; applicant lacked locus standi.
Civil procedure – Interim stay of execution – Locus standi – Administrator’s authority – Delegata potestas non potest delegari – Power of attorney – Succession Act ss.180 & 264 – Annexures to submissions not evidence.
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2 May 2024 |