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Citation
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Judgment date
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| November 2024 |
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Applicant has locus standi; counterclaim solely against co-defendant is not maintainable under Order 8 CPR.
Civil procedure – Counterclaim – Whether a defendant may set up a counterclaim solely against a co-defendant – Order 8 CPR – Counterclaim as cross-action challenging plaintiff's claim. Locus standi – Spousal interest in property – alleged unlawful mortgage confers sufficient interest to challenge procedural irregularity.
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7 November 2024 |
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An appeal dismissed for non-service upon a deceased respondent was reinstated and transferred to the proper court circuit.
Civil procedure – appeal – dismissal for non-service due to death of respondent – reinstatement – substitution of deceased party – transfer of appeal to proper forum.
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5 November 2024 |
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A court will not set aside a dismissal and reinstate a suit without sufficient cause, despite consent between counsel.
Civil Procedure – Setting aside dismissal – Non-attendance of parties – Reinstatement of suit – Sufficient cause – Consent orders between advocates – Order 9 Civil Procedure Rules – Diligence in prosecuting claims.
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4 November 2024 |
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1 November 2024 |
| October 2024 |
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31 October 2024 |
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A litigant's failure to diligently follow up with counsel does not justify setting aside an ex parte judgment for alleged advocate negligence.
Civil Procedure – Setting aside ex parte judgment – Service of hearing notices – Sufficient cause – Responsibility of litigant to follow up on case – Negligence of counsel versus dilatory conduct
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31 October 2024 |
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31 October 2024 |
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Application to add the Attorney General as defendant and amend the plaint granted to resolve competing state interest in land.
Land — Joinder of necessary parties — Whether Attorney General should be added where state institution (police) claims interest in land by adverse possession/prescription; Amendment of plaint — Order 6 r.19, Section 100 CPA — Amendments allowed to determine real issues and avoid multiplicity; Attorney General as representative of public institutions; No prejudice or mala fides shown.
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30 October 2024 |
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30 October 2024 |
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A long-abandoned, unproven Kibanja cannot defeat a later bona fide registered proprietor; injunction and caveat uplift ordered.
Land law – Kibanja – equitable user rights and lawful occupant status; burden of proof for Kibanja; effect and priority of certificate of title; bona fide purchaser for value; trespass; remedies – injunction and upliftment of caveat; dismissal of unproven counterclaim.
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29 October 2024 |
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29 October 2024 |
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29 October 2024 |
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Plaintiffs’ fraud claim was time-barred and they failed to prove a gift inter vivos; the registered transfer to the 2nd defendant was lawful.
Land law – gift inter vivos – formalities and proof; limitation of actions – discovery rule for fraud (Limitation Act s.25); registered transfer and validity of transfer instruments; fraud – standard of proof; caveat – temporary protection and vacatur.
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25 October 2024 |
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25 October 2024 |
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Filing a fresh amendment application to evade a pending preliminary objection constitutes an abuse of court process.
Civil procedure – preliminary objection – application granted as unopposed under Order 6 Rule 29 CPR. Civil procedure – amendment of pleadings – filing fresh amendment application while ordered to reply constitutes abuse of process. Abuse of process – section 17(2) Judicature Act Cap 16 – delays and procedural defeat. Procedural compliance – failure to reply to pending application can result in rejection of subsequent applications.
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23 October 2024 |
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Court granted unopposed preliminary objection and rejected amendment application as abuse of court process and delay.
Civil procedure – Preliminary objection to counterclaim – Unopposed application – Order 6 Rule 29 CPR; Abuse of court process – filing fresh application to evade pending objection – s.17(2) Judicature Act Cap 16; Amendment of pleadings – application to add a party rejected as delay tactic.
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23 October 2024 |
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Court substituted the respondent as limited legal representative and ordered eviction for any land exceeding the 0.15-acre kibanja interest.
Civil procedure – substitution of deceased judgment debtor – Section 37 Civil Procedure Act; limited letters of administration under Section 222 Succession Act. Enforcement – consequential orders to give effect to declaratory judgment and permanent injunction; eviction for land in excess of decreed kibanja interest. Civil procedure – discretion to admit late affidavits under Section 98 where no prejudice and in interests of justice.
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22 October 2024 |
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Appeal upheld limitation dismissal of land recovery suit; counterclaim remitted to trial court for hearing.
Land law – Limitation Act s.5 – accrual of cause of action for trespass when adverse occupation begins; delay bars recovery after 12 years. Pleadings – plaint disclosing cause of action – frivolous and vexatious suits. Civil procedure – counterclaim as cross-action under Order 8 – counterclaim may be proceeded with despite dismissal of main suit; remit for trial of counterclaim.
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21 October 2024 |
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Succession Law – Administrator Pendente Lite – Pending Suit – Letters of Administration – Amendment of Pleadings – Estate Representation – Land Ownership Dispute –Proper Jurisdiction
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18 October 2024 |
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Seller must prove capacity and owner consent to sell Kabaka land; absence renders the sale unenforceable.
Land law – sale of Kabaka (kibanja) land – seller’s capacity and consent of registered owner required for enforceable sale. Contract law – certainty of subject matter and proof of protectable interest necessary to enforce land sale. Possessory remedies – trespass requires proof of actual/exclusive possession or protectable possessory interest.
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17 October 2024 |
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Applicants with letters of administration successfully substituted as plaintiffs after original plaintiff’s death in a pending land suit.
Civil Procedure – Substitution of parties – Death of plaintiff – Administrators with letters of administration – Amendment of pleadings – Order 24 of Civil Procedure Rules.
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17 October 2024 |
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17 October 2024 |
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Whether a fraudulently procured registered title may be cancelled and damages awarded to the rightful beneficiary.
Land law – Fraudulently procured transfer and duplicate certificate of title – Registrar’s duty to verify documents and protect register integrity – Cancellation and rectification of title – Trespass and malicious damage – Remedies: declarations, injunctions, possession and damages.
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16 October 2024 |
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15 October 2024 |
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Applicants granted leave to file a representative suit despite absence of proposed plaint as respondent filed no affidavit in reply.
Civil procedure – representative suits – conditions for commencement – requirement of proposed plaint – effect of procedural defects in absence of reply – Order 1 rule 8 Civil Procedure Rules – section 37 Judicature Act invoked to advance interests of justice.
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14 October 2024 |
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A 1988 gift deed was valid, administrators lawfully leased the gifted land, and the lease’s conversion clause was not a disguised sale.
Succession and land law – valid gift inter vivos of registered land; administrators’ powers and duties; validity of lease entered by administrators; conversion clause (citizenship) not a disguised sale; fraud and notice in land transactions.
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11 October 2024 |
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An administrator’s failure to distribute estate land per inventory amounts to breach of trust and fraud, entitling beneficiaries to surrender or compensation.
Succession law – administrators’ duties – requirement to exhibit true and full inventory and to distribute estate per inventory/consent. Trusteeship and breach of trust – administrator’s duty to account; failure to surrender estate assets. Fraud in estate administration – false representation/unauthorised disposal and consequences. Remedies – specific performance (surrender), cancellation/transfer powers under Land Act/Registrar, alternative monetary compensation, general damages and interest. Civil procedure – consequence of defendant’s non-attendance at trial (deemed admission of allegations).
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11 October 2024 |
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11 October 2024 |
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10 October 2024 |
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8 October 2024 |
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Registrar exceeded jurisdiction in contempt proceedings; resultant ruling set aside and each party to bear own costs.
Civil procedure — Registrar’s jurisdiction — Contempt of court — Limits of Order 50 powers — Contempt in the face of court vs. non-in-the-face contempt — Registrar cannot grant permanent injunctions, damages or committal beyond conferred powers — Ruling set aside for want of jurisdiction.
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7 October 2024 |
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An application to set aside a consent judgment must be placed before the Assistant Registrar where the consent was allegedly entered.
Civil procedure – Consent judgment – Application to set aside – Proper forum – Sufficiency of supporting evidence – Right to be heard
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4 October 2024 |
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Court upheld a limited temporary injunction to preserve land status quo, rejecting broader injunctive relief and procedural objections.
Civil Procedure – Temporary injunction – Status quo maintenance – Possession of land – Appellate procedure – Procedural requirements for lodging appeals – Balance of convenience – Irreparable injury.
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4 October 2024 |
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Registered title is conclusive absent proved fraud; defendants' fraud-based counterclaim dismissed and plaintiffs awarded possession and damages.
Land law – Registered title – Certificate of title under the Registration of Titles Act is conclusive evidence of ownership absent proven fraud. Limitation – Claim to cancel long‑standing registration barred under the Limitation Act; fraud exception must be pleaded and proved. Evidence – Fraud must be strictly proved and attributable to the transferee; circumstantial proof may suffice but was absent here. Remedies – Declaration of title, permanent injunction, vacant possession, general damages, interest and costs.
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2 October 2024 |
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Application to strike out plaint for lack of cause of action dismissed; fraud claim and advocate’s affidavit held fit for trial.
Land — Pleadings — Cause of action — Order 7 r11 (strike out) — Fraud claim permissible; advocates’ affidavits — Regulation 9 exceptions — Affidavit by counsel competent where within personal/legal knowledge; Civil Procedure — Order 7 r14 (documents annexed) — failure to attach may be cured by other annexures; Evidence — admissibility and translation of annexures for trial.
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2 October 2024 |
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Kibanja belonged to intestate ancestor; sale by persons without authority was illegal and purchaser gained no title.
Land law – intestate succession and devolution – absence of letters of administration; customary inheritance – burden to prove customary devolution; intermeddling with an intestate estate – illegal sale of kibanja; bona fide purchaser defence not available for unregistered (kibanja) holding; remedies – declaration of ownership, declaration of illegality, damages and costs.
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2 October 2024 |
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A prior final judgment stripping purported vendors of authority bars a subsequent suit by res judicata.
Civil procedure — Res judicata — Matter directly and substantially in issue in a former suit finally decided — Parties and those claiming under them bound by prior determination; effect on claims to registered land and sale agreements.
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1 October 2024 |
| September 2024 |
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30 September 2024 |
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30 September 2024 |
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30 September 2024 |
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27 September 2024 |
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26 September 2024 |
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An application to consolidate two suits was dismissed after one suit abated and was dismissed for want of prosecution.
Civil procedure – consolidation of suits – requirement that suits be actively pending – effect of abatement and dismissal of suit – mootness of consolidation application when one suit has abated.
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26 September 2024 |
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Consolidation of two civil suits was refused due to absence of common legal or factual questions between them.
Civil procedure—Application for consolidation of suits—Order 11 of the Civil Procedure Rules—Distinct causes of action—No common questions of law or fact—Consolidation refused.
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25 September 2024 |
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Forfeiture granted for unpaid premium and ground rent; arrears, damages, vacant possession and costs awarded.
Illiterates Protection Act – requirement that documents authored for an illiterate be shown read over and explained; jurat implications and admissibility. Contract law – variation by course of dealing; effect of deed of acknowledgement versus express deed of variation. Evidence – proof of payments by bank statements; forgery allegations and identification of signatures; weight of primary evidence. Land law – lease covenants and implied powers under the Registration of Titles Act regarding re-entry and forfeiture for rent arrears. Equity – relief against forfeiture is discretionary; courts lean against forfeiture but may grant it where lessee fails to show adequate remedy or prompt performance.
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24 September 2024 |
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Court set aside judgment on admission for lack of a clear, authorized government admission of liability.
Civil procedure – Review of judgment – Section 82 Civil Procedure Act; Order 46 rule 1 CPR – availability of review notwithstanding functus officio concerns. Judgment on admissions – requirement that admission be clear, plain, obvious and unambiguous before court enters judgment (Nevia Company Ltd v. Biersdorf). Government litigation – authority of State Law Officers to concede liability – necessity of express authorization for binding admissions. Evidence – affidavits by State Attorneys and insufficiency of reliance documents to prove authority to admit liability.
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23 September 2024 |
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23 September 2024 |
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Failure to prove purchase or proprietary interest: a bare licensee is not a lawful occupant under Section 29.
Land law – unregistered kibanja; lawful occupant under s.29 of the Land Act; license v proprietary interest; burden of proof in land transactions.
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20 September 2024 |
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Fraud concealed tolls limitation; fraudulent land registration set aside, title cancelled, damages and mesne profits awarded.
Land law – fraudulent registration of title – limitation law (Limitation Act s.3(3) and s.25) – postponement of limitation where fraud concealed – cancellation of certificate of title – Registrar/Commissioner ordered to cancel and re-register – mesne profits and general damages – injunction and eviction – counterclaim dismissed.
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19 September 2024 |
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16 September 2024 |