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Citation
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Judgment date
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| March 2024 |
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Leave granted to issue a Third Party Notice against vendors based on a contractual indemnity in a land dispute.
Civil procedure – Third Party Notice – Application for leave to issue third party notice – Contractual indemnity – Whether affidavit evidence and contractual terms entitle defendant to indemnity – Third Party Notice ordered on prima facie indemnity showing.
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6 March 2024 |
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4 March 2024 |
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A non‑joined owner may obtain review and joinder where new evidence and allegations of fraud show it was aggrieved.
Civil procedure – Review of judgment – Section 82 CPA and Order 46 – discovery of new evidence, error apparent on face of record, other sufficient reasons. Locus – aggrieved person – party not joined to original suit may seek review when judgment affects its proprietary interest. Land law – official mailo estate v private estate – title history and alleged irregularities. Fraud on the court – allegations requiring investigation and testing of authenticity of documents. Relief – setting aside judgment, joinder of party, directions for pleadings and timelines.
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4 March 2024 |
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Application to dismiss appeal for being filed out of time dismissed; counsel’s negligence found but not imputed to respondent.
Civil Procedure Act s79 – time for filing appeals (30 days) Extension/leave to appeal out of time – requirement to comply with time fixed by leave Incompetence of appeal filed out of time without leave Negligence of counsel – ECCMIS notices ignored Mistake or negligence of counsel not to be visited on client absent evidence client privy to default
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4 March 2024 |
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Application to amend plaint refused as mala fide attempt to defeat respondents’ limitation defence; costs in main cause.
Civil procedure – Amendment of pleadings (Order 6 r19) – Right to reply (Order 6 r9) – Amendment not permitted to defeat defence of limitation or introduce new cause of action – Mala fide amendments – Scandalous affidavits struck out.
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4 March 2024 |
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4 March 2024 |
| February 2024 |
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Court finds plaintiffs lawful customary occupants; orders joint survey, injunction and UGX 80,000,000 damages; titles not cancelled.
Land law – customary Bibanja occupancy – lawful/bona fide occupant under Land Act s.29; sale by heir without compensating or offering first option to occupants; effect of multiple magistrates' suits and res judicata; impeachment/cancellation of registered title – insufficient evidence under Registration of Titles Act s.59; remedy – joint survey (Land Act s.36), permanent injunction, damages.
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29 February 2024 |
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Tenant‑by‑occupancy entitled to interest under s.36 sale agreement; joint survey and transfer ordered; counterclaim dismissed.
Land law — Tenant by occupancy — Sale agreement under s.36 Land Act — mutual agreement to subdivide — joint survey and registration required; Specific performance/equitable remedy for purchaser; Disputed payments via agent/surveyor — issues of authorization and proof; Purchaser via agent — necessity to join the principal; Advocate holding title in representative capacity — no personal liability.
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29 February 2024 |
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The court held the Kibanja part of the deceased’s estate, the custodian’s sale void, and subsequent purchasers trespassers, awarding eviction, damages and costs.
Land law; intestate succession; evidential burden; custodian cannot transfer title; sale void ab initio; duty of due diligence for purchasers; bona fide purchaser doctrine; trespass; declaratory reliefs; eviction; injunction; general damages; interest and costs.
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28 February 2024 |
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A suit was dismissed for non-service of summons, rendering ancillary applications moot and with no order for costs.
Civil procedure – Service of summons – Order 5 rule 2 Civil Procedure Rules – Dismissal of suit for failure to serve summons – Effect on ancillary applications.
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27 February 2024 |
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The surviving plaintiff was allowed to proceed with the suit and amend pleadings after the co-plaintiff's death.
Civil procedure – death of plaintiff – survival of cause of action – amendment of plaint – Order 24 rule 2 of Civil Procedure Rules – substitution of parties – continuation of suit by surviving party
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26 February 2024 |
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A surviving plaintiff may continue a land suit after the death of a joint plaintiff; the plaint can be amended accordingly.
Civil procedure – death of party – survivorship of cause of action – amendment of plaint – Order 24 rule 2 and Order 6 rule 19 – interpretation and application – procedural requirements for continuing suit after co-plaintiff’s death.
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26 February 2024 |
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Court recorded a plaintiff's death and allowed the land suit to continue with the surviving plaintiff, ordering amendment of the plaint.
Land law – civil procedure – survival of cause of action where a co-plaintiff dies – Order 24 r.2 CPR; Amendment of pleadings – Order 6 r.19 CPR – removal of deceased plaintiff from plaint; Proof of death by death certificate; Procedural burden to deny facts in affidavits; Costs in the cause.
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26 February 2024 |
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Les pendens rule not engaged where causes of action and parties differ; application to dismiss later suit dismissed.
Civil procedure – Les pendens – Requirement of same cause of action and same parties – Different causes and additional parties negate les pendens; consolidation appropriate to prevent multiplicity of suits.
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26 February 2024 |
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Appellants' long possession alone did not establish customary ownership; respondent-administrator entitled to sue for trespass.
Land law – Kibanja (customary holding); proof of ownership; mere long possession not proof of customary tenure; trespass and eviction; administrator's locus to sue; effect of prior dismissed will-based suit.
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26 February 2024 |
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Court granted stay pending appeal after finding applicant had locus, showed imminent irreparable harm, and ordered security.
Civil procedure – stay of execution pending appeal – conditions (notice of appeal; risk of substantial loss; no unreasonable delay; security) – locus to sue by administrator/beneficiary – curable procedural error under Article 126.
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23 February 2024 |
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Suit abated for failure to take out summons for directions; dismissal for want of prosecution inapplicable without scheduling conference.
Civil procedure – abatement of suit – failure to take out summons for directions – Order 11A rule 1(2) C.P.R.;* Civil procedure – dismissal for want of prosecution – Order 17 rule 5 requires mandatory scheduling conference before six‑month period runs;* Civil procedure – exception under Order 11A rule 4(b) requires a formal application under Order 6 rules 29 & 30 or Order 15 rule 2;* Costs – awarded to respondents who raised the preliminary objection.
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22 February 2024 |
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Revision application dismissed as incompetent for being premised on an unsigned, unsealed notice of motion; respondent’s late affidavit struck out.
Civil procedure – Revision of magistrate’s ruling – Distress for rent – Timelines for affidavits in reply (Order 8 r1(2)) – Affidavit filed out of time struck out – Notice of motion/summons must be signed and sealed (Order 5 r1(5)) – Failure to sign/seal is a fundamental defect rendering application incompetent.
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21 February 2024 |
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21 February 2024 |
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Application to ratify a survey and obtain title dismissed as an abuse of process because related matters are pending in the Family Division.
Land law – enforcement of consent judgment – application to ratify land survey and obtain certificate of title. Civil procedure – jurisdiction and lis pendens – matters transferred to Family Division; risk of conflicting orders. Abuse of process – subsequent proceedings and pending challenges to letters of administration and consent judgment preclude relief in this division.
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19 February 2024 |
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The applicant’s review of an appellate High Court decision was procedurally improper and dismissed; review must be to the court that made the order.
Civil procedure – Review of judgment – Section 82(a) Civil Procedure Act; Order 46 CPR – review must be to court which made the order; appellate court cannot review its own appellate decision; error apparent on face of record; procedural impropriety; locus/party status.
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19 February 2024 |
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Plaintiffs failed to prove kibanja interests; consent decree and eviction were irregular; tainted title cancelled and BLB ordered to re-survey and reallocate.
Land law – equitable (kibanja) interests – burden and standard of proof; fraud in land registration and consent decrees – nullity of eviction where occupiers were not heard; duties of purchaser’s due diligence; remedial orders – cancellation of tainted title, survey and reallocation by Controlling Authority; award of punitive damages for irregular eviction.
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19 February 2024 |
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An LC III court lacked jurisdiction to determine a dispute over registered land; its orders were set aside on revision.
Local Council Courts – jurisdiction; LC III lacked first-instance jurisdiction over dispute concerning registered land; Certificate of title – conclusive evidence of title (Registration of Titles Act s59); High Court revisionary powers under Judicature Act s17 and LCCA s40.
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15 February 2024 |
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Stay of an order for security for costs dismissed for lack of realistic prospect of success, imminent execution, and security for due performance.
Land procedure – security for costs under Order 26 CPR – application for stay of execution pending appeal – conditions for stay: notice of appeal, no undue delay, likelihood of success, imminent execution, security for due performance, balance of convenience – misinterpretation of security order (failure to furnish leads to dismissal not eviction).
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15 February 2024 |
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Stay of execution pending appeal refused where applicants failed to meet statutory requirements, including provision of security for due performance.
Civil Procedure – Stay of Execution – Security for Costs – Injunctive Relief – Requirements for Stay Pending Appeal – Noncompliance with Security for Due Performance – Balance of Convenience – Irreparable Harm – High Court Procedure
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15 February 2024 |
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Court declares plaintiff owner, cancels fraudulently acquired title, denies purchaser bona fide status, awards injunction and damages.
Land law – Ownership and possession – Whether land formed part of deceased's estate and occupier's rights. Registration of Titles – Indefeasibility and fraud – registration procured with knowledge of prior unregistered interest is impeachable. Bona fide purchaser doctrine – purchaser must make reasonable inquiries of occupants; registry search alone may be insufficient. Remedies – declaration of ownership, cancellation of title under the RTA, perpetual injunction, general damages and costs.
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13 February 2024 |
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Filing a reply relinquishes the right to amend without leave; amended plaint filed without leave struck out with costs.
Civil Procedure – Amendment of pleadings – Order 6 rule 20; Order 8 rule 18(1) & (2). Amendment without leave permitted once within timelines; filing a reply precludes further amendment without leave. Pleadings filed without required leave are irregular and may be struck out.
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13 February 2024 |
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Application to vacate caveats dismissed because caveators must be joined and heard before vacatur.
Land law – Caveats – Effect and protection of caveats; beneficiary caveat (s.140(2) Registration of Titles Act) – Does not lapse except by court order or withdrawal – Right to be heard and joinder of caveators before vacatur of caveat – Fair hearing principles.
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12 February 2024 |
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An order rejecting and striking out a plaint that conclusively determines rights is a decree appealable as of right; leave was unnecessary.
Civil procedure — Rejection of plaint — Whether striking out a plaint for non‑disclosure of cause of action constitutes a decree appealable as of right — Distinction between decree and order — Abuse of court process where appeal already filed — Preliminary objections to affidavits (timing and authority).
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12 February 2024 |
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Applicant entitled to consequential rectification of title under s.177 after recovering land by court judgment.
Land law – Registration of Titles Act s.177 – High Court power to cancel and substitute certificate of title upon recovery by court proceedings. Consequential orders – purpose is to give effect to judgment and rectify register. Proof required – applicant must show land was recovered from person registered as proprietor (Re Ivan Mutaka). Uncontested application – court may act on unchallenged affidavit evidence.
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12 February 2024 |
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Court dismissed stay application, finding applicants lacked standing and review of the appellate judgment was procedurally improper.
Stay of execution; Order 22 r.23 inapplicable to third parties; inherent powers to stay execution; review of appellate judgments impermissible; locus/standing of clan members; alternative remedy — objector proceedings.
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12 February 2024 |
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Applicants granted leave to defend summary suit after showing bona fide triable issues on title and sale agreement.
Civil Procedure — Summary procedure (Order 36) — Leave to appear and defend — Defendant must show a bona fide triable issue of fact or law with sufficient disclosure of the nature and grounds of the defence. Contract/Property — Privity of contract and enforceability of sale agreements — Suit for recovery/enforcement of land interests may raise triable issues unsuitable for summary disposal. Evidence/Title — Issues of notice of existing interests and competing title are triable and not properly resolved on summary judgment.
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12 February 2024 |
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Applicant's delay after counsel's mistake barred setting aside of dismissal and ex parte counterclaim judgment.
Civil procedure — setting aside dismissal (s.98 CPA; Order 9 r.23 CPR) — sufficient cause; negligence of counsel — inordinate delay defeats equity — counterclaim independent; ex parte judgment not set aside where applicant fails to appear and delays relief.
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12 February 2024 |
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Substituted service by newspaper allowed where personal service impossible; costs to be in the main cause.
Civil Procedure – Service of process – Order 5 Rule 18 CPR – substituted service where personal service impracticable; service by publication in newspaper of wide circulation; sufficiency of process server’s affidavit; costs in main cause.
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12 February 2024 |
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Plaintiff established ownership and 4th defendant’s trespass; alleged vendor fraud was not proved.
Land law – proof of ownership by sale agreement and LC1 – Unchallenged evidence accepted; Trespass – unlawful occupation and construction – Remedies: declaration, injunction, vacant possession, damages and costs; Pleading and proof of fraud – particulars required and strict proof standard; Burden of proof under section 103 Evidence Act; Failure to defend imputes admission.
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2 February 2024 |
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Vesting orders under s.166 require full investigation; disputed title cannot be resolved on affidavit application and is dismissed.
Land law – Registration of Titles Act (s.166) – Vesting orders – requirements for granting a vesting order – court’s investigative role and necessity of certainty before conferring proprietary interests. Civil procedure – application vs ordinary suit – where factual disputes and multiple claimants exist, title should be determined by an ordinary action, not interlocutory vesting application. Evidentiary standard – affidavits insufficient to resolve complex historical ownership disputes. Procedural irregularity – ex parte heading and lack of proof of service noted.
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1 February 2024 |
| January 2024 |
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A non-party to a suit lacked standing to challenge a consent judgment, and unproven fraud could not vitiate the agreement.
Civil Procedure – Consent judgment – locus standi of third parties – grounds for setting aside consent judgment – fraud, misrepresentation, mistake – evidentiary threshold for vitiating consent decree – land disputes.
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31 January 2024 |
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Court validated defendant’s late written statement of defence after consent judgment was set aside to protect fair hearing.
Civil procedure – validation of pleadings and extension of time – consent judgment set aside – bona fide belief and absence of dilatory conduct – court’s discretion to open procedural gates – right to fair hearing (Article 28).
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30 January 2024 |
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A registered proprietor must be joined when cancellation or amendment of title sought would affect their interests.
Land law – Joinder of parties – Order 1 r 10(2) CPR – Registered proprietor – Cancellation or amendment of certificate of title – Necessity for effective adjudication and avoidance of multiplicity – Fair hearing (Article 28).
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30 January 2024 |
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Family estate land reserved by court cannot be sold by some beneficiaries; purchaser with notice is a trespasser.
Land law – family/estate property – distribution and inventory; gift inter vivos – requirements and burden of proof; bona fide purchaser and constructive/actual notice; trespass to land; cancellation of certificate of title; injunctive relief, eviction and damages.
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29 January 2024 |
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29 January 2024 |
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A Registrar properly heard a preliminary objection to a temporary injunction under Order 50; the appeal was dismissed with costs.
Civil procedure – Registrar’s powers under Order 50 (Rules 3, 6, 7 and 8) – jurisdiction to determine interlocutory applications and preliminary objections; Interim injunctions – Order 41 Rule 1 – scope and timing of consideration; Order 50 Rule 7 – referral to High Court and appeal rights.
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29 January 2024 |
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Leave to appeal was denied where no prima facie ground of appeal or realistic prospect of success was demonstrated.
Civil procedure – application for leave to appeal – criteria for grant of leave – prima facie grounds of appeal – whether single-issue resolution by trial court constitutes error on face of record – Section 34 Land Act – review and appellate standards.
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25 January 2024 |
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High Court set aside Chief Magistrate's judgment for lack of pecuniary jurisdiction over a contractual claim valued at UGX 80,000,000.
Civil procedure – Revision under Section 83 CPA – Court may call for records where subordinate court exercised jurisdiction not vested in it. Jurisdiction – Pecuniary jurisdiction of Chief Magistrate – Section 207(1)(a) Magistrates Courts Act; Chief Magistrate's limit and exceptions for trespass/conversion/damage. Contract v. tort – Dominant cause of action and remedies determine proper forum; contractual claims exceeding pecuniary limits fall outside Chief Magistrate's jurisdiction. Judgment without jurisdiction is a nullity – such judgments and consequent executions are liable to be set aside on revision.
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25 January 2024 |
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A subordinate court's orders made without proper pecuniary jurisdiction are null and must be set aside.
Civil procedure – revision – jurisdiction of subordinate courts – pecuniary jurisdiction – breach of contract v. trespass – orders made without jurisdiction declared null and void
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25 January 2024 |
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Applicant entitled to consequential order under s.177 to cancel respondent’s title; intended appeal held time‑barred.
Registration of Titles Act s.177 – High Court power to cancel or substitute title entries following recovery of land in lower court proceedings; consequential orders. Civil procedure – appeal requirements and time limits – Order 43 CPR; Section 79 Civil Procedure Act – 30‑day appeal period; delay in obtaining record does not extend appeal rights absent compliance with appeal procedures.
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24 January 2024 |
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Court finds signed sale agreements binding; 1st defendant and subsequent purchasers bona fide owners, counterclaim succeeds.
Land law – sale versus security – effect of signed written sale agreements; bona fide purchaser for value – registration and protection; parol evidence rule and estoppel against vendor denying signed agreements; remedies – declaration of ownership, removal of caveat, permanent injunction, costs.
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23 January 2024 |
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Plaintiff failed to prove fraud; defendant protected as bona fide purchaser and declared registered owner.
Land law – Allegation of fraudulent inclusion of parcel in registered title – Bona fide purchaser for value without notice – Role of due diligence, searches and inspections – Certificate of title conclusive in absence of proven fraud – Caveat and proof of equitable interest.
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23 January 2024 |
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19 January 2024 |
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Failure to be served with a hearing notice can constitute sufficient cause to set aside dismissal and reinstate a suit.
Civil procedure – Order 9 rule 18 – Setting aside dismissal for non-appearance – "sufficient cause" test requires honest intention to attend and absence of negligence. Procedure – Service of hearing notices – Failure to be served may constitute sufficient cause for non-appearance. Restoration of dismissed suits – Reinstatement appropriate where party and counsel regularly attended and non-appearance was not due to negligence.
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17 January 2024 |