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Citation
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Judgment date
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| May 2024 |
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27 May 2024 |
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27 May 2024 |
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24 May 2024 |
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Court dislodged caveats on purchased land where caveators lacked a valid continuing or properly lodged caveatable interest.
Land law – Registration of Titles Act s.139 – caveat requires a legal or equitable caveatable interest.* Civil procedure – improper joinder – striking off parties who did not lodge caveats.* Caveat law – caveat can be dislodged where lodged in error, renounced by caveator, or where related suit does not concern the subject parcel.* Title acquired pursuant to consent judgment supports removal of unrelated caveats.
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24 May 2024 |
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Failure to take out summons for directions under Order XIA(1)(2) mandates abatement; abated suits require a fresh suit, not review.
Civil procedure – Order XIA(1)(2) CPR (Amendment) Rules 2019 – duty to take out summons for directions within 28 days – interpretation of “shall” as mandatory – exceptions under Order XIA(1)(4) – abatement under Order XIA(1)(6) – review of abatement – remedy is fresh suit subject to limitation.
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24 May 2024 |
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Whether defendants hold lawful kibanja interests or are trespassers where some purchases pre‑date the Land Act and others lack landlord consent.
Land law – Kibanja/tenant by occupancy – s.29 lawful and bonafide occupant – occupation and burial as evidence of long occupation; Land Act 1998 s.34(3) – mandatory landlord consent for kibanja transactions post-1998; non-retrospectivity of statute; trespass requires unlawful entry without possessory right; remedies – injunctions, eviction, costs.
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24 May 2024 |
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An implied trust protects infant beneficiaries; Limitation Act does not bar their recovery when trustee breaches the trust.
Limitation Act (s.19) – beneficiaries’ actions to recover trust property – ordinary limitation periods do not bar recovery from trustee; cause of action accrues on breach of trust. Trusts – implied/constructive trust – person entering on infant’s land presumed trustee/agent; fiduciary duties; statute of limitations not to defeat infant’s interest. Civil procedure – departure from pleadings – unpleaded gift inter vivos raised at trial rejected for unfairness. Succession – beneficiaries may sue to protect estate property without letters of administration.
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24 May 2024 |
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24 May 2024 |
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Registered titleholder entitled to possession; defendants' unproven claims render them trespassers, eviction and damages ordered.
Land law – trespass to land – registered title conclusive under Registration of Titles Act s.59 – bona fide occupant/security of occupancy (Land Act s.29) – proof required for ancestral/purchase claims – will without probate not establishing title – remedies: eviction, delivery of vacant possession, injunction, damages, interest and costs.
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24 May 2024 |
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24 May 2024 |
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An appeal against a deputy registrar’s injunction filed late and by appellants who failed to oppose was dismissed with costs.
Civil procedure – Appeals from registrar/deputy registrar – time limit under s.79(1)(b) – Appeal filed out of time without leave - Failure to file affidavit in reply implies non-opposition and admission of affidavit facts – Temporary injunction granted by deputy registrar.
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24 May 2024 |
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24 May 2024 |
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23 May 2024 |
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A duplicate review application was struck off as res judicata and an abuse of court process under s.17(2) of the Judicature Act.
Res judicata; abuse of court process; striking off duplicate proceedings; application dismissed under s.17(2) Judicature Act; no costs where costs not fixed for hearing.
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23 May 2024 |
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Court held trial magistrate lacked jurisdiction, declared judgment a nullity, ordered release and referral for retrial.
Civil procedure – slip rule (section 99 CPA) – correction of court’s own orders; Jurisdiction – jurisdictional fact versus adjudicatory fact; nullity of judgments where court lacks jurisdiction; no concept of ‘half‑jurisdiction’; referral of file to competent court; release from civil imprisonment following setting aside of void orders.
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20 May 2024 |
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High Court revises subordinate court’s piecemeal judgment and refers entire land suit to the Chief Magistrate for proper management.
Land law – jurisdiction – subordinate court cautions lack of jurisdiction on trespass yet grants declaratory and monetary reliefs; Civil Procedure Act s.83 – High Court powers of revision; procedure – where lower court doubts competence file should be referred to Chief Magistrate; risk of piecemeal judgments and multiple executions; stay of execution pending proper management.
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18 May 2024 |
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Applicants failed to prove chain of title or documentary evidence of a cancellation process; court dismissed the application.
Land law – title cancellations – application to remove/vacate alleged cancellation of registered titles; evidentiary burden – need for sale agreements, signed transfer forms, survey reports and area schedules; administrative cancellation allegations must be supported by documentary proof; courts will not act on rumours.
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15 May 2024 |
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Application to add alleged administrators as defendants dismissed for lack of proof and because the disputed land was not estate property.
Civil procedure – amendment of pleadings – Order 6 r.19 CPR – leave to amend to add parties. Civil procedure – joinder of necessary parties – Order 1 r.10 CPR – when addition is required for complete adjudication. Succession law – proof of administration – requirement to produce Letters of Administration; effect of Succession (Amendment) Act 2022 s.55 on grants. Land law – property transferred before death is not part of estate; administrators cannot administer non-estate property.
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14 May 2024 |
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Two co-administrators cannot unilaterally amend a jointly filed estate suit to add or convert parties without co-administrators' consent.
Civil procedure — Amendment of pleadings — Order 6 Rule 79; Joinder of parties — Order 7 Rule 70(2); Locus standi of joint administrators; Consent required from co-administrators to amend jointly-filed suit; Material change of cause of action may require fresh suit to avoid improper amendment.
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13 May 2024 |
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Application for mandamus to cancel title dismissed: fraud allegations must be pleaded, proved, and decided in a substantive suit with affected parties.
Land law – application for mandamus to Commissioner of Land Registration – allegations of fraud on title – necessity to specifically plead and strictly prove fraud – inappropriate to grant declaratory or mandatory relief without joining the registered proprietor and instituting a substantive suit – affidavit evidence insufficient for cancellation of title.
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13 May 2024 |
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Court reinstated suit dismissed for want of prosecution, allowing substitution of deceased plaintiff after letters of administration.
Civil procedure – setting aside dismissal for want of prosecution – sufficient cause test – counsel’s oversight and registry failures – substitution of deceased plaintiff with administrators upon grant of letters of administration – reinstatement of suit in interests of justice.
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13 May 2024 |
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Court reinstated suit dismissed for want of prosecution and allowed administrators to be substituted for the deceased plaintiff.
Civil procedure – dismissal for want of prosecution – setting aside dismissal – sufficient cause required – counsel’s oversight and registry delay can justify reinstatement; Succession/administration – substitution of deceased plaintiff – grant of letters of administration enables substitution; procedural relief – filing amended plaint and overtaken applications.
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13 May 2024 |
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A contemnor who has not purged contempt cannot be heard; review dismissed for failure to purge and to establish review grounds.
Civil contempt – contemnor not to be heard until he/she purges contempt – court may refuse to entertain applications by contemnors; Review of judgments – grounds: error apparent on face of record, new evidence, or other sufficient reason (Section 82 CPA; Order 46 r.1 CPR); Enforcement – locus in quo evidence of continued prohibited activity reinforcing contempt finding; Costs awarded to successful respondent.
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7 May 2024 |
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Defendant trespassed beyond recognized kibanja; plaintiff entitled to vacant possession, injunction and damages.
Land law – Kibanja (customary/unregistered) interest; trespass to land – possession and unauthorized entry; evidence – documentary title, agreement and locus in quo; remedies – declaration, vacant possession, permanent injunction, general damages, interest and costs.
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3 May 2024 |
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Application for stay dismissed: administrator cannot delegate authority by power of attorney; applicant lacked locus standi.
Civil procedure – Interim stay of execution – Locus standi – Administrator’s authority – Delegata potestas non potest delegari – Power of attorney – Succession Act ss.180 & 264 – Annexures to submissions not evidence.
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2 May 2024 |
| April 2024 |
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Applicant failed to show sufficient reason for extension of time to appeal; late memorandum struck out and application dismissed with costs.
Civil procedure – extension of time to appeal – applicant must show sufficient reason/good cause for inability to take essential procedural step within time; inordinate unexplained delay justifies refusal. Attorney negligence – failure by former counsel does not automatically excuse applicant's duty to act promptly where time‑bound orders exist. Execution – stay pending appeal collapses where no valid appeal exists. Eviction orders – 60‑day vacate directive imposes obligation to act without delay.
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30 April 2024 |
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Plaintiff’s parcel was fraudulently included in defendant’s title; court ordered re-transfer, refund, damages and costs.
Land law – title and fraud – certificate of title conclusive except where procured or tainted by fraud; breach of contract by surveyor; limitation Act acknowledgment exception; specific performance/mutation and damages awarded.
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30 April 2024 |
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30 April 2024 |
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Appeal dismissed for failure to prove ownership or trespass concerning a disputed access road between neighboring land parcels.
Land law – Title and ownership – Proof of lawful ownership and access road – Civil procedure – Pleadings bound parties – Trespass to land – Burden of proof – Sufficiency of evidence.
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29 April 2024 |
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Judicial sale in execution can be set aside where an objector proves possession at attachment and purchaser lacks adequate proof.
Civil procedure – Attachment and sale in execution – Objector proceedings under Order 22 rr.55–57 – Requirement of possession and interest at date of attachment – Sale in execution liable to be set aside if irregular. Evidence – Proof of ownership and possession – sale agreement and affidavits admissible to establish possession at attachment. Execution law – Purchaser’s due diligence – inadequate proof fails to defeat valid objector claim.
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29 April 2024 |
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26 April 2024 |
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Transfer by unregistered administrator was fraudulent; purchaser not bona fide; court rectified title and split land between estates.
Succession and land law – administrator’s powers and registration – sale by purported administrator before registration – validity and fraud; Limitation – accrual postponed by lack of locus and alleged fraud; Registered title – indefeasibility subject to fraud; Bona fide purchaser – burden to prove good faith and due diligence; Remedies – rectification of title, partition into two titles, damages, injunction and costs.
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25 April 2024 |
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Plaintiff proved sale only of Plot 1205; Plot 1206 was lawfully acquired by the 2nd defendant and plaintiff’s fraud claim failed.
Land law – contract for sale of land – requirement of written contract where value exceeds statutory threshold; Registration of Titles Act – relief against registered proprietor only where registration procured by fraud; Evidence – documents not tendered as exhibits cannot be relied upon; Remedies – declaration of ownership, general damages, refund for failure of consideration, vacation of caveats, costs.
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25 April 2024 |
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24 April 2024 |
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Suit dismissed as incompetent because no plaint instituting the suit was on the court record; dismissal under s.17(2)(a) Judicature Act.
Civil procedure – institution of suit – requirement of a plaint on the court record – absence of a plaint renders proceedings incompetent. Electronic filing – ECCMIS – documents uploaded for a different suit do not constitute institution of a separate suit. Statutory basis – dismissal for incompetence under Section 17(2)(a) of the Judicature Act, Cap 13.
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23 April 2024 |
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An abated suit must be refiled; counsel’s mistake does not justify reinstatement and the application was dismissed with costs.
Civil Procedure — Abatement under Order 11A (Rules 1(2), 1(6)) — Remedy is to file fresh suit under Order 11A Rule 7 — Mistake of counsel not sufficient to reinstate — Stay of execution not available where no pending suit.
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22 April 2024 |
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Appeal dismissed: no proven gift inter vivos; disputed land remained part of the deceased’s estate; trial decision upheld.
Land law – gift inter vivos v. estate property; requirements for gift of land (intention, delivery, acceptance, formalities); evidentiary value of identification documents; party substitution after death; appellate re-evaluation of facts.
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22 April 2024 |
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Applicant failed to satisfy Section 167 vesting-order conditions and did not first apply to the Registrar; application dismissed.
Registration of Titles Act s.167 – Vesting order: procedural prerequisite to apply to Registrar; substantive conditions (full payment, possession, vendor acquiescence, vendor unavailable); evidentiary proof required to show vendor cannot be found; failure to prove possession or inability to locate vendor defeats vesting application.
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19 April 2024 |
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A prior finding of illegality in land dealings does not bar a later suit involving different parties and bona fide purchaser issues.
Civil procedure – res judicata – requirements: former decision by competent court; matter directly and substantially in issue; same parties or parties claiming under same title. Evidence Act – relevance of prior judgments: prior judgments irrelevant unless a fact in issue or within specified jurisdictions. Land law – matrimonial property finding and cancellation of titles in earlier judgment does not automatically bar later proceedings involving different parties or bona fide purchaser issues. Bona fide purchaser for value without notice – distinct issue requiring trial where not previously determined.
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19 April 2024 |
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Failure to file affidavit proving court-ordered substituted service rendered the suit incompetent and led to dismissal.
Land procedure – substituted service – requirement to file affidavit of service – non-compliance renders proceedings incompetent – dismissal under Section 17(2)(a) Judicature Act Cap 13.
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19 April 2024 |
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A temporary injunction was granted to prevent further alienation or development of disputed land pending resolution of the main suit.
Land Law – Temporary injunction – Grounds for grant of temporary injunction – Ownership and alienation of disputed property during pending litigation – Risk of irreparable harm – Maintenance of status quo.
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19 April 2024 |
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Plaintiff failed to prove redemption or fraud; sale by assignee and its agent was lawful, suit dismissed with costs.
Mortgage and redemption – burden of proof; Assignment of bank security to loan purchaser and agent's authority; Allegations of fraud in land title procurement – requirement to particularize and prove; Relief/declatory orders dismissed where payment and fraud not established.
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18 April 2024 |
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First appellate court affirms locus in quo proceedings, upholds validity of sale agreement and damages where appellants failed to prove procedural or evidential error.
Civil procedure – Locus in quo – ex parte locus permitted where parties duly notified but fail to attend – O.91 r.20 CPR; Evidence – appellate reappraisal of findings where admissions and witness testimony support trial court; Contracts/Illiterates Protection Act – thumb-print/translation objections must be proved at trial; Control of damages – appellate interference only if wrong principle or entirely erroneous estimate.
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17 April 2024 |
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An appeal challenging a trial magistrate’s findings on land sale, locus in quo procedure, and evidentiary evaluation was dismissed.
Land law – Kibanja interests – locus in quo procedure – absence of parties during locus visit – validity of agreements under the Illiterates Protection Act – evaluation of trial evidence and witness credibility on appeal – damages – procedural fairness.
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17 April 2024 |
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Applicant failed to meet conditions for stay of execution pending appeal; application dismissed with no orders as to costs.
Stay of execution pending appeal to the Court of Appeal; Order 43 Rule 4 inapplicable to appeals from High Court to Court of Appeal; inherent jurisdiction under Section 98 Civil Procedure Act; conditions for stay (Kyazze): notice of appeal, imminent threat of execution, substantial loss, no unreasonable delay, security for performance; distinction between security for costs and security for performance; dismissal for failure to meet conditions.
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16 April 2024 |
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Plaintiff's claim to land ownership was barred by res judicata because the same issue was conclusively decided earlier.
Civil procedure - Res judicata - Application of section 7 Civil Procedure Act - Whether subsequent suit raises matter already directly and substantially in issue in a former suit. Competent court - Magistrates' jurisdiction under s.207(1) Magistrates Courts Act to determine trespass/ownership. Parties and privies - identity of interest between litigants and their representatives. Finality - earlier judgment not set aside and appeal dismissed for want of prosecution.
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16 April 2024 |
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16 April 2024 |
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11 April 2024 |
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Failure to provide proof of service resulted in dismissal of an application to reinstate a previously dismissed land dispute suit.
Civil procedure – Dismissal for want of service – Requirement for affidavit of service or return of service – Application to set aside dismissal and reinstate suit – Order 5 rule 3(c) of Civil Procedure Rules.
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11 April 2024 |
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Trespass is a continuing cause of action accruing on discovery; lis pendens inapplicable where issues, parties or courts differ.
Land law – Limitation Act s.5 – possessory/trespass claims as continuing torts; accrual when interference discovered; res judicata/lis pendens – applicability requires same substantial issues, same parties and same court jurisdiction; distinctions between possessory claims and easement claims.
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11 April 2024 |