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Citation
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Judgment date
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| January 2024 |
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High Court retains jurisdiction to hear revisions from Local Council Courts; section 40’s delegation does not oust that jurisdiction.
Civil procedure – revision jurisdiction – Local Council Courts – Section 40 Local Council Courts Act – delegation of supervisory powers ‘may’ not ‘shall’ – High Court jurisdiction not ousted.
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17 January 2024 |
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Court set aside dismissal and reinstated suit where counsel's misadvice and lateness amounted to sufficient cause.
Civil procedure – Setting aside dismissal under Order 9 r 22 – Application under Section 98 CPA and Order 9 r 23 – "Sufficient cause" – Liberal construction to advance substantive justice – Counsel's negligence, misadvice or inadvertence may amount to sufficient cause – Reinstatement of suit – Costs.
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17 January 2024 |
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An ex parte application to remove a deceased caveator’s beneficiary caveat was dismissed; applicant must sue the caveator’s legal representative.
Land law – Caveats – Beneficiary caveats protecting estates of deceased persons do not lapse automatically and require court-ordered vacation on sufficient cause. Procedure – Caveat lodged by deceased caveator – proper course is to sue the deceased caveator's legal representative and serve notice to show cause. Civil procedure – Ex parte applications to remove beneficiary caveats are irregular where other interested persons exist.
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16 January 2024 |
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Warrant of attachment set aside for non‑compliance with court directions and statutory pre‑sale valuation requirements.
• Civil procedure — Review — Warrant of attachment and sale issued by Registrar is an order of court and reviewable.
• Mortgage law — Pre-sale valuation — Mortgage Regulations require valuation within six months before sale; failure to produce valuation taints sale.
• Enforcement — Execution must follow prior judicial directions on valuation and Registrar's determination; consent judgment governs indebtedness.
• Remedies — Court may set aside attachment where valuation procedure and prior orders not complied with; discretionary refusal of independent government valuation or audit where prior orders and consent judgment control.
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15 January 2024 |
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Court reviewed and varied a consent judgment affecting a non-party whose exclusion violated the right to a fair hearing.
Civil procedure – Consent judgments – Finality and grounds for setting aside (fraud, mistake, illegality, ignorance of material facts) – Court’s power to vary/review under Order 46(1)(b). Civil procedure – Privity of contract – Consent judgment binds only parties; non-parties may not be bound but may seek review if interests affected. Civil procedure – Service and withdrawal – purported withdrawal without proper notice/ service has no legal effect; right to fair hearing when excluded from proceedings. Costs – Court’s discretion to withhold costs to preserve family relations; costs may abide outcome of pending substantive suit.
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15 January 2024 |
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Applicant failed to prove existence or invalidity of respondent's caveat; application to remove caveat dismissed.
Land law – Caveat – Requirement of legal or equitable interest to support a caveat; caveat is temporary protection; applicant bears burden of proof; affidavits alleging existence or invalidity of caveat must be supported by verifiable documentary particulars (instrument number, filing date) annexed to affidavit.
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15 January 2024 |
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Court ordered fresh substituted service by newspaper after bona fide efforts to effect personal service failed.
Service of process – substituted service – Order 5 rule 18 CPR – where personal service impracticable court may order substituted service; section 98 (inherent powers) – issuance of fresh summons and service by publication in newspaper.
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15 January 2024 |
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Registered title upheld; defendants' unregistered kibanja claim rejected and their occupation found to be trespass.
Land law; registered title versus unregistered kibanja interest; burden and standard of proof; continuing tort of trespass; reliefs—declaratory relief, injunction, vacant possession, general damages and costs.
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15 January 2024 |
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The appellant failed to prove compensation or due diligence regarding respondent's kibanja; appeal dismissed.
Land law – unregistered land – purchaser’s duty of due diligence; kibanja compensation – distinction between interests on plot 279 and plot 280; locus visit and evidence appraisal; appellate re-hearing of facts.
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15 January 2024 |
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12 January 2024 |
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12 January 2024 |
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12 January 2024 |
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12 January 2024 |
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12 January 2024 |
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12 January 2024 |
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11 January 2024 |
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10 January 2024 |
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9 January 2024 |
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Court ordered maintenance of caveat pending main suit, finding sufficient grounds, timeliness and balance of convenience in applicant’s favor.
Land law – caveat – maintenance of caveat pending main suit – test: sufficient grounds, timely action, balance of convenience (Rutungu test). Civil procedure – interim relief – inherent powers under s.98 Civil Procedure Act and s.33 Judicature Act to preserve status quo. Evidence – uncontested affidavit facts deemed admitted where no reply is filed.
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2 January 2024 |
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Court ordered preservation of applicant’s caveat pending main suit, finding balance of convenience and inherent jurisdiction supported maintenance.
Land law – Caveat – Maintenance of caveat pending trial – Requirements: sufficient grounds, ordinary action instituted timeously, balance of convenience. Civil procedure – Inherent powers – Sections 98 CPA and 33 Judicature Act permit preservation orders to protect litigants’ interests. Evidence – Uncontested affidavit evidence deemed admitted and suffices to support interim preservation relief.
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2 January 2024 |