|
Citation
|
Judgment date
|
| September 2024 |
|
|
A certificate of title obtained by fraud is defeasible; court cancelled title and dismissed trespass claim.
Land law; Torrens system—indefeasibility of title v. certificates procured by fraud; proof of fraud in land registration; possession and claim of right; remedy—cancellation of title and award of costs.
|
13 September 2024 |
|
No concluded sale proved; claim to set aside magistrates' consent judgment wrongly before High Court; suit dismissed.
Land law – contract formation – part-payment acknowledgment insufficient where essential terms left for later written agreement; evidence and locus in quo; consent judgment – procedural requirements to challenge a magistrates' consent judgment; pleadings and proof of possession.
|
13 September 2024 |
|
A law firm was granted leave to tax its advocate–client bill of costs after satisfying statutory requirements for recovery of fees.
Advocate–client relationship – Taxation of costs – Service of bill of costs – Application for leave – Legal requirements – Advocate’s entitlement to taxation of unpaid fees – Amounts paid and propriety of services to be determined by taxing master.
|
12 September 2024 |
|
Consent judgment acknowledging prior compulsory acquisition and payment of compensation cannot be set aside where signatories knowingly consented.
Land law – compulsory acquisition – evidence of compensation – registration in favour of respondent; Civil procedure – consent judgment – setting aside on grounds of illegality, fraud, mistake or non est factum; Non est factum – burden of proof on party disowning signed document; Delay/laches and estoppel considerations where compensation and registration predate litigation.
|
12 September 2024 |
|
|
11 September 2024 |
|
A beneficiary's challenge to a consent judgment was dismissed for lack of grounds to review or set aside the judgment.
Civil Procedure – consent judgment – grounds for review or setting aside – standing of non-party beneficiaries – enforcement of judgments – mental capacity and representation – interest for delay.
|
10 September 2024 |
|
|
9 September 2024 |
| August 2024 |
|
|
|
30 August 2024 |
|
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.
|
29 August 2024 |
|
|
28 August 2024 |
|
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.
|
28 August 2024 |
|
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.
|
27 August 2024 |
|
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.
|
23 August 2024 |
|
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.
|
23 August 2024 |
|
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.
|
23 August 2024 |
|
|
23 August 2024 |
|
|
23 August 2024 |
|
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.
|
22 August 2024 |
|
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.
|
22 August 2024 |
|
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.
|
22 August 2024 |
|
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.
|
22 August 2024 |
|
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.
|
20 August 2024 |
|
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.
|
20 August 2024 |
|
|
19 August 2024 |
|
|
8 August 2024 |
|
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.
|
7 August 2024 |
|
|
6 August 2024 |
| July 2024 |
|
|
|
31 July 2024 |
|
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.
|
31 July 2024 |
|
|
29 July 2024 |
|
|
29 July 2024 |
|
|
26 July 2024 |
|
|
25 July 2024 |
|
|
23 July 2024 |
|
|
23 July 2024 |
|
|
23 July 2024 |
|
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.
|
19 July 2024 |
|
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.
|
19 July 2024 |
|
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.
|
18 July 2024 |
|
|
18 July 2024 |
|
|
18 July 2024 |
|
|
18 July 2024 |
|
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.
|
17 July 2024 |
|
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.
|
16 July 2024 |
|
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.
|
16 July 2024 |
|
|
12 July 2024 |
|
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.
|
11 July 2024 |
|
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.
|
11 July 2024 |
|
|
11 July 2024 |
|
|
9 July 2024 |