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Citation
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Judgment date
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| April 2024 |
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Appeal against registrar’s temporary injunction dismissed as filed out of time; no good cause shown to extend limitation.
Civil Procedure Act s79(1)(b) – Limitation for appeals against registrar’s orders – Seven-day period – Appeal filed out of time – Requirement of good cause to admit out-of-time appeal – Appeal held incurably incompetent.
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10 April 2024 |
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Failure to file witness statements and improper adjournment requests justified dismissal under section 17(2)(a) of the Judicature Act.
Civil procedure — Adjournments — Practice Directions require oral applications — Advocate holding brief expected to have instructions — Witness statements (Order 18 r.5A, SI 33/2019) — Non-compliance and repeated adjournments — Dismissal for delay (s.17(2)(a) Judicature Act) — Costs awarded (s.27(1) Civil Procedure Act).
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9 April 2024 |
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An electronic signature via ECCMIS validates chamber summons; temporary injunction preserving status quo was properly granted.
Civil procedure – validity of process – electronic admission and signature of chamber summons under ECCMIS – Electronic Transactions Act – Order 5 r.1(5) CPR – temporary injunction – preservation of status quo – locus in quo – fair hearing.
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8 April 2024 |
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8 April 2024 |
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Consent order set aside because it validated an unlawful transaction on family land made without spouse's required consent.
Land law – family land – spouse’s written consent required for transactions in family land – transactions without consent void ab initio; Consent judgments – final but vitiable where they validate illegality or are entered in ignorance of material facts; Judgment on admission – discretionary and does not override statutory protections.
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5 April 2024 |
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Application dismissed for want of prosecution because counsel failed to attend and did not formally withdraw.
Civil procedure – dismissal for want of prosecution – counsel’s non‑attendance and failure to formally withdraw – court’s power to dismiss and order costs.
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5 April 2024 |
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Application for security for costs dismissed; applicants failed to show frivolous suit or respondent's inability to pay.
Civil procedure – Security for costs – O.26 r.1 CPR – discretionary order; prima facie assessment of pleadings and affidavits. Whether suit is frivolous/vexatious, time-barred or plaintiff lacks locus – matters for trial if both parties have prima facie cases. Impecuniosity alone insufficient to warrant security for costs; speculative assertions of inability to pay are inadequate. Costs of the security application ordered in the main cause.
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4 April 2024 |
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Court allowed amendment of plaint to correct omissions, strike out non-existent party and add defendants; res judicata did not apply.
Civil procedure – Amendment of pleadings (Order 6 r.19 CPR) – leave to amend to determine real questions in controversy; Miscellaneous applications and res judicata – doctrine not applicable where earlier application was dismissed on technicality and miscellaneous applications are not substantive suits; Striking out non-existent party and adding necessary parties; Principles from Gaso Transport on amendments; Where applicants were unrepresented, court may allow corrective amendments to avoid multiplicity.
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4 April 2024 |
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Applicant failed to show sufficient cause or diligence to set aside an ex parte judgment; application dismissed.
Civil procedure – Ex parte judgment – Setting aside – Order 9 r.27 – "sufficient cause" and litigant diligence. Service and notice – Alleged non-service and counsel’s failure to notify litigant. Procedural fairness – Reinstatement test: honest intention to attend and due diligence. Stay of execution/taxation – Overtaken by events where setting aside not merited.
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3 April 2024 |
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3 April 2024 |
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Interim injunction granted restraining disposal and further construction on contested land to prevent irreparable harm.
Land — Interim injunction — maintenance of status quo; preservation of right to be heard; imminent danger of sale; irreparable injury; balance of convenience — exercise of inherent powers under s.98 and s.64(e) Civil Procedure Act.
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3 April 2024 |
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Court upholds registered title obtained via certificate of repossession; dismisses fraud allegations and grants declaration, injunction and damages.
Land law – certificate of repossession – expropriated properties – validity and challenge to title Fraud – standard and attribution in land transactions – allegation must be proved against transferee Civil procedure – plaint disclosing cause of action – dismissal where no interference or breach by defendant Remedies – declaration of title, permanent injunction, general and punitive damages, costs
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3 April 2024 |
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Stay of execution granted pending appeal where the applicant showed risk of substantial loss and a plausible chance of success.
Civil procedure – Stay of execution pending appeal – requirements: notice of appeal, risk of substantial loss, no unreasonable delay, security determined on merits; Probate/estate administration – allegations of misadministration and fraudulent transfer; Appeal – likelihood of success and triable issues.
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2 April 2024 |
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2 April 2024 |
| March 2024 |
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30 March 2024 |
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Plaintiffs entitled to compensation after invalid lease and wrongful eviction from land partly within a gazetted forest reserve.
Land law; limitation estoppel and legitimate expectation; invalid lease over gazetted forest reserve; entitlement to compensatory damages based on government valuation.
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28 March 2024 |
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Court pierced the corporate veil where post-judgment transfers by the director to related companies were designed to defeat execution.
Company law – lifting corporate veil – Company Act s.20 – exceptional remedy where corporate structure used to avoid or conceal liability; Fraudulent/post-judgment transfers – defeat of execution; Director as directing mind/alter ego – liability of related companies; Execution – tracing assets through related entities to satisfy judgment.
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28 March 2024 |
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Grandchildren beneficiaries may sue, but land recovery claim dismissed as time-barred for inexcusable delay.
Succession law – beneficiaries’ locus standi – grandchildren as lineal descendants entitled to protect estate interests; Limitation law – recovery of land – 12-year bar under section 5; Fraud exception – section 25 requires pleading date of discovery; Effect of letters of administration – beneficiaries may still sue to protect distributed shares.
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28 March 2024 |
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Temporary injunction on title discharged where respondent lacked proven interest and injunction was overbroad.
Civil procedure – interlocutory injunction – discharge or variation on sufficient cause – Order 41 rule 4. Civil procedure – representation – late notice of change of advocates validated under court’s inherent powers to ensure substantive justice. Land registration – injunction registered as encumbrance – power to vacate encumbrance where injunction improperly granted. Evidence – locus visit and proof of possessory or proprietary interest as basis for interlocutory relief.
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28 March 2024 |
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Transactions before proper administration were unlawful, but plaintiff lacked the legal interest to sustain trespass or obtain eviction.
Succession law – administration of estate; s.180 Succession Act – property vests in legal representative; requirements for valid gift (signed/witnessed); customary heirship vs proprietary title; trespass to land requires lawful possession and an interest; transactions by purported administrator before letters of administration are unlawful/irregular.
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28 March 2024 |
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Where pleadings show value above Ugx.50 million and reliefs seek eviction, a chief magistrate lacks jurisdiction; judgment set aside.
Land law — Magistrates Courts Act s.207(1) — monetary jurisdiction threshold Ugx.50 million — recovery of land vs trespass — lack of jurisdiction renders proceedings and judgment nullity.
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28 March 2024 |
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Application to dismiss land claim as time‑barred and against wrong party dismissed; suit proceeds to trial.
Land law — limitation — Section 5 Limitation Act (recovery of land) — administration of estates — capacity of defendant as administrator — whether matter amenable to dismissal on affidavit or requires full trial; cause of action; Order 7 Rule 11 applications to dismiss.
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27 March 2024 |
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Respondent’s caveat vacated for lack of caveatable interest; no compensation awarded; costs granted to applicant.
Land law – Registration of Titles – Caveat – Validity of a caveat requires a caveatable (legal or equitable) interest; absence of evidential proof (registry search or area schedule) invalidates caveat. Registration of Titles Act s.142 – Liability for lodging caveat without reasonable cause – requires proof of actual damage to award compensation. Civil procedure – Costs – costs follow the event; discretion to award costs where caveator had no justifiable cause.
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26 March 2024 |
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Plaintiff's unprotected equitable interest was subject to a prior registered mortgage; no fraud proved; refund ordered for partial failure of consideration.
Sale of land – vendor's obligation to convey title free of encumbrances – partial failure of consideration – refund of purchase price; Registered mortgage priority – mortgage registered November 2012 prevails over unprotected equitable interest; Fraud – heightened standard of proof – no evidence of fraudulent mortgaging by vendor or bank; Remedies – specific performance refused where land is encumbered; monetary restitution ordered; possession and costs directions.
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26 March 2024 |
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Court refused review but clarified judgment, declaring respondents trespassers (except burial grounds) and ordered vacation within 90 days.
Land law – sale of kibanja; trespass – continued occupation after sale except burial grounds; Civil procedure – review jurisdiction (error apparent/new evidence) and clarification under Judicature Act s33; Eviction order and costs.
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22 March 2024 |
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The court clarified its earlier judgment, declaring respondents trespassers and ordering them to vacate the suit land except for graveyards.
Civil Procedure – Review – Clarification of judgment – Declaration of trespass and eviction – Distinction between manifest error and need for clarity – Powers of court under section 33 Judicature Act.
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22 March 2024 |
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Court upheld 30% security requirement under Mortgage Regulations but set aside a six‑month limit on the injunction.
Mortgages – Mortgage Regulations 2012 Reg 13 – security deposit (30%) as condition to adjourn sale – discretionary application to spouse of mortgagor. Civil procedure – Temporary injunctions – purpose to maintain status quo until final determination – injunction duration should not be arbitrarily limited. Judicial discretion – appellate intervention only for error in principle, misdirection, or unreasonable decision. Evidence – submissions are not evidence; burden to prove undue hardship when resisting 30% deposit.
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21 March 2024 |
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Application to reinstate main suit referred to Luwero Court Circuit because that court now has territorial jurisdiction.
Civil procedure – Jurisdiction – Referral of applications – Where the main suit falls within another court circuit the application should be referred to that circuit for determination.
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20 March 2024 |
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Beneficiary’s late discovery and defective substituted service justified review and setting aside of an ex parte land judgment.
Civil procedure – Review of judgment – Order 46 and Section 82 CPA – discovery of new and important evidence – setting aside ex parte decree obtained against a deceased defendant due to defective substituted service and beneficiary’s locus.
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20 March 2024 |
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Whether the applicant's land recovery suit is time‑barred where title, possession and rectification issues remain disputed.
Limitation Act (ss.5–6) — accrual of cause of action from dispossession — whether an action to recover land is time‑barred. Civil Procedure — plaint rejection where suit appears statute‑barred; preliminary objection versus triable issues. Res judicata — effect of prior ex parte judgment on related but not identical claims. Land law — alleged survey/subdivision errors and certificate of title rectification by Land Registration Office/Ministry raising triable title issues.
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20 March 2024 |
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Appellant failed to prove a valid sale or possession; court affirmed that the suit land formed part of the deceased’s estate and dismissed the appeal.
Land law – ownership dispute over kibanja – validity and proof of sale agreement – possession and locus visit evidence – contradictions in witness testimony – re-hearing on first appeal.
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19 March 2024 |
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High Court revised a subordinate court’s partial judgment for jurisdictional irregularity and referred the matter to the Chief Magistrate.
Civil Procedure Act s.83 – Revision of subordinate court record for exercise of jurisdiction not vested, failure to exercise jurisdiction, or material irregularity/injustice. Jurisdiction – pecuniary and remedial aspects determine competence; remedies sought (eviction, vacant possession, removal of caveat, damages) relevant to jurisdictional inquiry. Trial court irregularity – piecemeal adjudication after disclaiming jurisdiction; duty to refer to a higher/competent magistrate. Remedy – referral to Chief Magistrate for proper management and stay of execution. Fair hearing – service, striking out of defence and committal to civil prison considered in procedural context.
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18 March 2024 |
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Leave granted to institute a representative suit, subject to statutory notice by public advertisement and proof of service.
Representative proceedings – Order 1 Rule 8 CPR – requirements: common actual and existing interest, written authorisations, list of persons and proposed plaint – notice of institution by personal service or public advertisement – leave to sue granted with conditions.
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18 March 2024 |
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A stay of execution was granted pending appeal after finding that essential conditions were satisfied in a dispute over land ownership.
Civil procedure – stay of execution pending appeal – conditions for grant – reasonable promptness – arguable grounds – security for costs – protection of subject matter – contempt preliminary objection – land ownership dispute.
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15 March 2024 |
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Court stayed execution pending appeal subject to UGX 100,000,000 and deposit of the duplicate title as security.
Stay of execution pending appeal — conditions for stay: notice of appeal, absence of unreasonable delay, likelihood of success (non-frivolous grounds), and risk of rendering appeal nugatory — requirement for security under Order 43 rule 4(3)(c) — inherent power to hear premature applications — deposit of money and duplicate title as security.
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15 March 2024 |
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Court grants extension of time for defendant to file defence and counterclaim due to lawyer's failure, advancing substantive justice.
Civil procedure – extension of time – discretion to enlarge time for filing defence – sufficient cause – mistake of counsel – interests of substantive justice.
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14 March 2024 |
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The court dismissed a vesting order application for failure to show the vendor was untraceable and for procedural non-compliance.
Land law – Application for vesting order – Procedure under Section 167 of Registration of Titles Act – Whether applicant established that vendor cannot be found – Requirement to apply to Commissioner Land Registration before approaching High Court.
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14 March 2024 |
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Respondent lacked locus standi to sue as son/administrator after documentary evidence showed he was not the deceased’s son.
Civil procedure — Locus standi — Whether a plaintiff has the right to sue as beneficiary/administrator where documentary evidence contradicts pleadings; determination as preliminary point of law under Order 6 r.28/29. Pleadings — Parties bound by pleadings; departures prohibited except by amendment (Order 6 r.7). Administration of estates — Illegality in obtaining Letters of Administration can vitiate standing to sue.
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14 March 2024 |
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A respondent was found to lack standing to sue over an estate after misrepresenting his relationship to the deceased.
Land law – locus standi – Preliminary objection on standing to sue in estate matters – Pleading inconsistencies – Illegality and dishonesty – Letters of administration misrepresentation
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14 March 2024 |
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Lease granted during pending dispute over previously registered land was improperly procured and is cancelled; damages and injunction awarded.
Land law – conflict of titles – mailo registration and caveat – prior registered interest prevails; duty of lessor to ascertain absence of adverse interests before granting lease; fraud and improper procurement of title created during pendency of suit; natural justice – necessity to join or notify registered proprietor and caveator; remedies – cancellation of lease, damages, injunction, corrective survey and costs.
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13 March 2024 |
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Originating summons inappropriate for contested land dispute involving spousal consent and kibanja claim; summons dismissed.
Land law – procedure – originating summons (Order 37 CPR) – inappropriate where disputes involve substantial contested facts, validity of transactions, spousal consent, caveat, kibanja claims and alleged illegal mortgage.
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13 March 2024 |
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Court allowed appointment of administrators pendente lite under Succession Act to enable the land recovery suit to proceed.
Succession Act (s.222) – administrators pendente lite – grant of letters of administration limited to pending suit – representation of deceased’s estate in land recovery proceedings – preliminary objection for failure to disclose cause of action overruled.
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12 March 2024 |
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Applicant failed to produce or prove an interim stay before execution; appeal dismissed with costs.
Civil procedure – execution and committal – duty to extract, plead and prove interim orders before executing officer – courts rely on evidence on record not counsel submissions; executed orders and consent decrees limit remedies in miscellaneous appeals; possession disputes require ordinary suit.
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12 March 2024 |
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Plaintiff failed to prove valid sale or adverse possession; third purchaser purchased during dispute, must compensate occupier.
Land law – validity of sale – authority of vendor; adverse possession – requirements and limitation; bona fide purchaser and due diligence; equitable remedies including compensation, boundary opening and conditional cancellation of title.
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11 March 2024 |
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Application dismissed for non-appearance of applicant's counsel at hearing, pursuant to section 17 and Order 9 rule 17.
Civil procedure – dismissal of suit/application – non-appearance by applicant – powers of court under section 17 Judicature Act and Order 9 rule 17 CPR.
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11 March 2024 |
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7 March 2024 |
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A court reviewed and set aside a private ownership judgment because the disputed land is a protected lakeshore requiring NEMA authorization.
Review by third party – locus of an aggrieved person; lakeshore protection – land within 100 metres held in trust by government/local government; environmental permits (NEMA) required for use of lakeshores; municipal permission insufficient to establish private ownership; interaction of Constitution, Land Act and National Environment Act.
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7 March 2024 |
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Applicant’s strike‑out application dismissed; court finds respondents’ land claim raises factual disputes requiring full trial.
Land law – strike‑out application – preliminary objections under Order 6 – tenancy agreements’ legality – contested factual issues requiring trial; cause of action and locus standi on pleadings; subdivision of registered land and need for evidence/locus inspection; application dismissed.
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6 March 2024 |
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Adverse possession applied where appellant occupied and developed the land exclusively for over twelve years, extinguishing respondents’ title.
Land law – adverse possession – acquisition of title after 12 years’ exclusive, continuous and unchallenged possession; Evidence – parol/extrinsic evidence admissible under s.92(b) to clarify written contract; Kibanja vs registered title – requirements for lawful/bona fide occupancy under s.29 Land Act; Remedy – court may order survey, re-registration, injunctions, damages and costs as consequential relief.
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6 March 2024 |
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Applicant lacked standing to review the trespass judgment; affidavit stamping slip immaterial; appeal dismissed with costs.
Civil procedure — Review jurisdiction — aggrieved person and locus standi for review; Affidavit formalities — failure to stamp commissioner’s signature a non-fatal procedural slip if commissioning otherwise evident; Agency — licencee versus agent; Land law — unregistered (kibanja) interests cannot be established by review of an executed decree; Appeals — grounds must be concise and not amount to disguised retrial of main dispute.
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6 March 2024 |