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Citation
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Judgment date
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| August 2024 |
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30 August 2024 |
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An application for stay of execution was dismissed due to absence of a pending appeal and unreasonable delay by the applicant.
Civil procedure – stay of execution – requirements for granting stay – pending appeal – unreasonable delay – security for due performance – failure to demonstrate intent to appeal.
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29 August 2024 |
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28 August 2024 |
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Hearsay-based forgery allegations failed; registry evidence and bona fide purchaser protection upheld; suit dismissed.
Land law – Alleged fraudulent transfer and forgery; burden and standard of proof in civil fraud claims; hearsay inadmissibility without independent corroboration; protection of bona fide purchasers for value; evidentiary value of registry documents and Registrar’s testimony; costs where parties’ conduct affects filings.
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28 August 2024 |
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Leave to amend a plaint was granted to clarify changed land particulars, with no prejudice to the opposing party.
Civil procedure – amendment of plaint – discretion of court – clarification of subject matter – no change in cause of action – timely application – interests of justice.
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27 August 2024 |
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Court grants leave to issue a third party notice based on an indemnity clause in a land license agreement.
Civil procedure – third party notice – Order 1 rule 14 Civil Procedure Rules – indemnity clause in land license agreement – right to indemnification – joinder of third party.
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23 August 2024 |
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Whether the applicant or respondent lawfully owns the land and what remedies follow unlawful occupation.
Land law – proof of title and competing oral/paper evidence; authenticity of sale agreements; locus visit weight; trespass – unlawful entry and construction; remedies – declaration of ownership, eviction, injunction, general damages, interest and costs; burden of proof on balance of probabilities.
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23 August 2024 |
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Plaintiff not entitled to indemnity for erroneous government land allocation where plaintiff failed to prove due diligence or losses.
Land law – erroneous government allocation of land – Torrens registration – bonafide purchaser for value without notice – nemo dat quod non habet inapplicable to Torrens system absent defect protection – indemnity requires valid contractual/equitable basis – due diligence requirement for land purchasers – damages demand requires proof of loss.
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23 August 2024 |
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23 August 2024 |
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23 August 2024 |
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Applicant granted leave to file defence out of time after court found no effective personal service of summons.
Service of summons; substituted service – only after reasonable attempts at personal service; service on one joint administrator does not bind co-administrators absent authority; Order 51 r.6 – extension of time – sufficient cause; failure to serve as sufficient cause to file defence out of time.
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22 August 2024 |
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Court closed a caveat removal application, directing parties to await resolution of the main land dispute suit.
Land Law – Caveats – Removal of caveat – Parallel proceedings – Dismissal of application pending substantive suit.
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22 August 2024 |
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Appellants failed to prove res judicata or Kibanja rights; trespass finding and damages against them were upheld.
Civil procedure – res judicata – requirement to produce pleadings/proceedings/judgment; Land law – Kibanja claims versus registered Mailo title; Evidence – burden on party asserting prior possession; Registered title – conclusive evidence of ownership (s.59 Registration of Titles Act) and protection against ejectment; Damages – general damages discretionary, market-value compensation may follow pleaded relief.
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22 August 2024 |
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Court granted conditional leave to file defence out of time despite finding the applicant was properly served, to avoid penalising co-defendants.
Civil procedure – Enlargement of time to file defence – Order 51 r.6 – Sufficient cause requirement – Service of summons on multiple defendants – substituted service – judicial discretion to grant leave subject to conditions.
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22 August 2024 |
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Plaintiff’s land recovery claim dismissed as time‑barred; adverse possession would have vested title in the defendant.
Land law – recovery of land – limitation under Limitation Act s.5 (12 years) – extinctive prescription/adverse possession – bona fide purchaser for value without notice – pleadings and burden of proof.
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20 August 2024 |
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A joint administrator cannot sell estate land alone; purchasers had notice, so sale was nullified and property restored.
Succession law – Joint administrators – Concurrence required for conveyancing; single administrator cannot sell estate land alone; bona fide purchaser inquiry – actual, constructive or imputed notice; remedies – nullification of sale, declaration of reversion to estate, eviction; no general damages, mesne profits or costs awarded.
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20 August 2024 |
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19 August 2024 |
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8 August 2024 |
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A court may award 'costs thrown away' for interlocutory amendments; leave to appeal such discretionary cost orders was refused.
Civil procedure – leave to appeal – discretionary costs – section 27 Civil Procedure Act – costs follow the event extends to interlocutory matters; courts may order 'costs thrown away' where amendment renders prior proceedings ineffective.
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7 August 2024 |
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6 August 2024 |