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Citation
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Judgment date
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| July 2024 |
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31 July 2024 |
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Appeal dismissed: existing community access road proved, appellant estopped from denying it; trial court’s orders upheld with costs.
Land law – Access road/right of way – Evidence and admissible community agreement acknowledging access – Estoppel by prior acknowledgement – Distinction between existing access and statutory creation of access under Roads Act – Appeal dismissed, trial judgment upheld.
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31 July 2024 |
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29 July 2024 |
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29 July 2024 |
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26 July 2024 |
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25 July 2024 |
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23 July 2024 |
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23 July 2024 |
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23 July 2024 |
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Appellate court upheld bona fide occupancy and trespass findings; damages award sustained and appeal dismissed.
Land law – Kibanja ownership – bona fide occupancy – uninterrupted possession for 12+ years under Art. 237(8) and s.29(d) Land Act. Civil procedure – pleadings – objection to plaint must be raised in pleadings, as preliminary objection or at trial; cannot be raised first on appeal
Evidence – appellate re-evaluation will not disturb factual findings unless there is misdirection or manifest wrong exercise of discretion
Damages – appellate court will not disturb discretionary awards absent shown error in principle
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19 July 2024 |
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The court granted a certificate of urgency for interim relief over an imminent eviction threat pending an appeal in a land dispute.
Civil procedure – application for certificate of urgency – threat of eviction following temporary injunction – power to hear urgent interim applications during court vacation.
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19 July 2024 |
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A certificate of urgency was granted to allow an interim stay of execution pending appeal to be heard during court vacation.
Civil procedure – certificate of urgency – application for interim stay of execution – necessity of urgent hearing during court vacation – risk of irreparable harm pending appeal.
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18 July 2024 |
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18 July 2024 |
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18 July 2024 |
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18 July 2024 |
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Court permits urgent hearing of interim injunction to halt threatened land title cancellation during vacation.
Land law – Administrative cancellation of certificate of title – Application for urgent interim injunction during court vacation – Requirements for certificate of urgency.
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17 July 2024 |
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An application for urgent hearing during court vacation was declined as the applicant failed to show sufficient urgency.
Civil procedure – Certificate of urgency – Court vacation – Stay of execution – Threshold for urgent applications during vacation – Hearing dates post-vacation.
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16 July 2024 |
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Court granted a certificate of urgency to allow hearing of an interim injunction application during vacation due to imminent risk to property.
Civil procedure – interim injunction – certificate of urgency – hearing during court vacation – threshold for urgency – prevention of irreparable harm to suit property.
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16 July 2024 |
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12 July 2024 |
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A court’s post-repeal exercise of jurisdiction over access-road applications is void; applicant must follow Roads Act s.60 procedures.
Administrative law – Jurisdiction – Repeal of Access to Roads Act and transfer of jurisdiction to Minister under Roads Act s.60 – Proceedings by a court after loss of jurisdiction are nullity; Evidence – burden to prove existence of easement and failed negotiations before compulsory access relief.
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11 July 2024 |
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Registrar’s discretionary grant of a temporary injunction preserving the status quo did not amount to an error on the face of the record.
Land practice—Review of Registrar’s orders—Only High Court judge may review Registrar-made orders; Review under Order 46—mistake apparent on face of record, new evidence, or sufficient reasons; Temporary injunctions—requirements (prima facie case, irreparable harm, balance of convenience) and discretionary nature; Preservation of status quo as purpose of injunctions.
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11 July 2024 |
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11 July 2024 |
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9 July 2024 |
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Purchasers from a vendor lacking registered-owner consent acquire no title; registered transferee’s title is conclusive and protected.
Land law – validity of transactions involving tenants by occupancy – Section 34 Land Act; Torrens system – conclusiveness of registered title (Registration of Titles Act s59); trespass – possessory rights versus title; caveat removal; approbation and reprobation/estoppel following settlement.
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5 July 2024 |
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Land Law—Mailo to Freehold conversion—Crown Grant under colonial law—fraudulent reconstruction of title—bonafide purchaser protection—agent liability for undisclosed principals—criminal investigation for title fraud ordered—suit dismissed with costs
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5 July 2024 |
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Court held transfers void where forged, succession certificate invalid, while protecting bona fide purchasers and awarding reversion and damages.
Land — succession certificate issued ultra vires — estate reversion; Fraud and forged transfers — registration impeachable; Illiterates Protection Act and S.134 RTA — formal requirements for conveyances and administrators; Bona fide purchaser protection — ss.176 & 181 RTA; Power of attorney — strict construction and limits; Rectification by Commissioner — cannot defeat bona fide leaseholder; Remedies — cancellation of titles, reversion, damages, interest and costs.
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4 July 2024 |
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Whether transfers based on an unlawful succession certificate and forged documents are void and whether later purchasers are protected.
Land law; succession certificates – ultra vires Administrator General; defects in conveyancing – Illiterates Protection Act, s.134 RTA; forgery and concealment of consideration; bona fide purchaser protection under ss.176 & 181 RTA; rectification and declaratory relief; damages and costs.
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4 July 2024 |
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Application to strike out appeal dismissed for non-appearance and lack of proof of service.
Civil procedure – application to strike out appeal – dismissal of application for lack of prosecution and failure to prove service – non-appearance by applicant or counsel.
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4 July 2024 |
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A contemnor who has not purged contempt has no audience; appeal dismissed and execution ordered to proceed.
Contempt of court – contemnor who has not purged contempt has no audience before court; Execution – effect of contempt on right to be heard and allowing execution to proceed; Locus in quo evidence – proving ongoing disobedience of court orders; Binding precedent – reliance on Jingo Mukasa v. Rwaguma
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2 July 2024 |
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A criminal judgment is not an automatic bar to a civil suit; discovery of fraud postpones limitation.
Civil procedure – abuse of court process – whether a criminal judgment bars subsequent civil proceedings; Limitation Act – Section 25(o) – discovery of fraud postpones limitation period; Advocates (Professional Conduct) Regulations – Regulation 9 – scope of prohibition on advocate deposing as witness.
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1 July 2024 |