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Citation
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Judgment date
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| June 2024 |
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28 June 2024 |
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27 June 2024 |
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27 June 2024 |
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A court may set aside a Taxing Officer’s unexplained, manifestly excessive advocate–client fee and remit for fresh taxation.
Advocate–client costs – taxation – discretion of Taxing Officer – judicial intervention only in exceptional cases where award is manifestly excessive or wrong principles applied. Requirement for Taxing Officer to give reasons for award of costs. Assessment of instruction fees – no precise formula; discretion must be exercised judicially; considerations include subject matter and access to justice. Proportionality of taxed fees to judgment amount and potential impact on access to courts
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26 June 2024 |
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Plaintiff failed to acquire kibanja title because landlord's mandatory consent was absent, rendering the MOU void and claim dismissed.
Land law – kibanja interest – mandatory landlord consent under Land Act s.34(9) and s.35 – transactions by occupants/royals without landlord consent invalid; registered proprietor's title prevails; alleged informal MOU cannot pass proprietary interest.
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25 June 2024 |
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Power of attorney did not create an enforceable remuneration agreement, but agents’ instructions established an advocate-client relationship.
Advocates Act – Remuneration and taxation – Power of Attorney cannot substitute for a statutory remuneration agreement under s.51 – instructions given via authorized agents can establish an advocate-client relationship – taxation of bill under Fifth Schedule (Reg.14(e), Reg.15).
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24 June 2024 |
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24 June 2024 |
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24 June 2024 |
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A beneficiary may validly sell a beneficial interest without letters of administration where parties acquiesced; title and written sale prevail.
Succession / Estate law - Beneficiary's capacity to dispose of beneficial interest without letters of administration; acquiescence and estoppel
Evidence - Parol evidence rule; inadmissibility of oral evidence to contradict a written sale agreement (Section 92, Evidence Act). Land law - Certificate of title conclusive evidence of ownership (Section 59, Registration of Titles Act). Fraud claims - Higher standard of proof required to impeach title or prove forgery/fraud
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24 June 2024 |
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The court allowed late filing of a defence and ordered consolidation of suits on shared land issues, directing the applicant to pay costs.
Civil procedure – time limits – extension of time to file defence – sufficient cause – inherent powers of court. Civil procedure – consolidation of suits – common subject matter – avoidance of multiplicity of suits – discretion of court
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24 June 2024 |
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20 June 2024 |
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19 June 2024 |
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Court granted leave to amend plaints to add two defendants where the application was not opposed by respondents.
Civil procedure – Amendment of pleadings – Addition of parties – Application unopposed – Principles for granting leave to add defendants.
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19 June 2024 |
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Application dismissed due to prolonged inaction by the applicant constituting want of prosecution under the Judicature Act.
Civil procedure – want of prosecution – delay and inaction by applicant – power of the court to curtail delays and dismiss applications under Section 17 (2) (a) of the Judicature Act.
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19 June 2024 |
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Extension of time to appeal refused for unexplained delay where judgment was emailed and uploaded on ECCMIS.
Civil procedure – extension of time to file notice of appeal – requirements for sufficient cause; service and notification by ECCMIS and email; litigant’s duty to be vigilant; solicitor’s negligence not automatically excusing delay.
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18 June 2024 |
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Application to stay execution dismissed as res judicata; court declared functus officio and awarded costs to respondent.
Stay of execution – conditions for stay (notice, prima facie success, irreparable harm, balance of convenience, no undue delay) – ECCMIS electronic filing and delivery dates – res judicata under section 7 Civil Procedure Act – identity of parties, issues and prior final decision – court functus officio – proper forum for stay is appellate court.
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18 June 2024 |
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Application dismissed for want of prosecution due to applicant's inaction and delay in pursuing amendment of defence.
Civil procedure – Amendment of pleadings – Delay in prosecution – Abuse of process – Inherent power to dismiss stagnated applications.
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18 June 2024 |
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Application for substitution dismissed due to inaction and delay, amounting to abuse of court process.
Civil procedure – substitution of parties – delay in prosecution – abuse of process – dismissal for want of prosecution – inherent powers of court under Judicature Act section 17(2)(a)
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18 June 2024 |
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A miscellaneous cause seeking possession and rent prohibition must be brought by ordinary suit, not by affidavit evidence.
Civil procedure – service of process – requirement of personal service on respondent; Land law – orders for vacant possession and prohibition from collecting rent – necessity of determination by ordinary suit and oral evidence.
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18 June 2024 |
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18 June 2024 |
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Application dismissed for want of prosecution due to inordinate delay and absence of action by the applicant.
Civil procedure – Application for contempt of court – Delay in prosecution – Inherent powers of court – Dismissal for want of prosecution – Abuse of court process.
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18 June 2024 |
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Court consolidated two overlapping land suits and deferred the limitation objection for determination in consolidated proceedings; costs to be borne by each party.
Land law – overlapping proceedings – consolidation of suits concerning same land to avoid conflicting orders; Limitation Act s.3(1) – preliminary objection on six‑year prescription deferred to consolidated hearing; locus standi to contract amid pending ownership dispute; interlocutory orders for production of title and risk of multiplicity of proceedings.
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17 June 2024 |
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Registered title and endorsed sale established plaintiff’s ownership; unsigned will unproven; eviction, damages and costs awarded.
Land law – validity of sale and transfer – documentary evidence, KCCA endorsement and certificate of registration as conclusive proof; Succession – unsigned will insufficient to establish estate ownership; Civil procedure – default/non-appearance and burden of proof on party asserting competing title; Remedies – eviction, damages for unlawful occupation and costs.
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17 June 2024 |
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Long-standing possessory interest prevails; title fraudulently obtained and must be cancelled, purchaser not bona fide.
Land law – possessory/unregistered interest – fraud in registration – bona fide purchaser for value without notice – due diligence and constructive notice – cancellation of fraudulent certificate of title – remedies (declaration, damages, injunction, costs).
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13 June 2024 |
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12 June 2024 |
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Court ordered the appointment of deceased's sons as administrators ad litem to defend the estate in a pending land suit.
Civil procedure – Representation of deceased party – Appointment of administrators ad litem – Order 24 rule 4, Civil Procedure Rules – Section 222, Succession Act – Amendment of pleadings – Proper parties in suit upon death of original defendant.
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12 June 2024 |
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Appellant entitled to an access road under the 1991 sale agreement; respondents held trespassers and ordered to vacate.
Property — Easements/right of way — Construction and enforcement of access granted in sale agreement — Written promise confirmed in conveyance constitutes enforceable access right
Evidence — Admissibility of extrinsic/parol evidence and locus in quo to clarify route and dimensions where written agreement silent
Property — Sale by inheritors — Purchaser cannot acquire or validly convey land occupied by a prior grantee’s access right; subsequent occupiers may be trespassers
Remedies — Declarations of entitlement, eviction, injunction, damages and costs appropriate where access road proven and obstructed
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10 June 2024 |
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A dismissal for non-appearance was set aside where sufficient cause for absence was established, reinstating the application for hearing.
Civil Procedure – Dismissal for non-appearance – Reinstatement of suits – Sufficient cause for non-attendance – Ends of justice.
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7 June 2024 |
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6 June 2024 |
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A fresh suit based on cancelled land and challenging prior court orders was struck out as vexatious and an abuse of process.
Civil Procedure—Abuse of process—Vexatious litigation—Striking off plaint premised on non-existent subject matter—Challenging court orders—Proper procedural remedies.
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5 June 2024 |
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5 June 2024 |
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4 June 2024 |
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Application for leave to file defence out of time dismissed for want of prosecution; no order as to costs.
Civil procedure – failure to prosecute application – application for leave to file defence out of time – dismissal under section 17(2) Judicature Act.
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4 June 2024 |