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Citation
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Judgment date
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| January 2025 |
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Land Law—proprietary interest—fair hearing—procedural justice—consent judgment—consequential orders—no consequential orders where no full trial against party—eviction
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31 January 2025 |
Land Law—joint tenancy—spousal dispute—trespass—registrable interest—partition of property—sale of property—mesne profits—general damages—court’s discretion—costs
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31 January 2025 |
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An application to reinstate a dismissed suit was itself dismissed for want of prosecution due to failure to serve or prosecute.
Civil procedure – dismissal for want of prosecution – effect of failure to serve respondent or prosecute application – application for reinstatement of dismissed suit – procedural requirements under the Judicature Act and Civil Procedure Rules.
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30 January 2025 |
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Application to correct an alleged judicial omission dismissed for lack of prosecution and failure to serve respondents.
Civil Procedure – Correction of oversight or omission – application dismissed for want of prosecution – failure to serve hearing notice and prosecute application – Section 17(2) of the Judicature Act.
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28 January 2025 |
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An application for eviction and demolition was dismissed for want of prosecution due to failure to serve and pursue the matter.
Civil procedure – dismissal for want of prosecution – requirement to serve hearing notice – failure to prosecute application – eviction and demolition orders – oversight or omission in prior proceedings.
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28 January 2025 |
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Application for further eviction and demolition orders dismissed due to procedural defects and lack of service on respondents.
Civil procedure – Dismissal of application – Failure to serve application and extract hearing notice – Enforcement of judicial orders and procedural requirements.
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28 January 2025 |
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28 January 2025 |
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An appeal was dismissed for failure to file an affidavit of service as required by the Civil Procedure Rules.
Civil Procedure – Service of process – Affidavit of service – Dismissal of appeal for failure to comply with service requirements under Order 5 rule 1 CPR.
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28 January 2025 |
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28 January 2025 |
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Application for leave to appeal dismissed for want of prosecution due to failure to serve and prosecute the application.
Civil Procedure – Application for leave to appeal – Security for costs – Dismissal for want of prosecution – Failure to serve respondent – Section 17(2) of the Judicature Act.
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28 January 2025 |
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Application to reopen suit and recall witnesses dismissed for lack of service and prosecution, with no order as to costs.
Civil procedure – application to reopen suit – recall of witnesses – absence of affidavit of service – dismissal for lack of prosecution.
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28 January 2025 |
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Application to recall witnesses dismissed for lack of service and prosecution, with no order as to costs.
Civil procedure – application to reopen suit and recall witnesses – failure to serve or prosecute – dismissal for want of prosecution.
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28 January 2025 |
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28 January 2025 |
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An application for review was dismissed due to the applicant's failure to pursue or set down the application for hearing.
Civil Procedure – Application for review – Dismissal for want of prosecution – Lack of follow up by applicant – Section 17(2) of the Judicature Act.
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28 January 2025 |
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An application for review was dismissed for want of prosecution due to the applicant's failure to pursue the matter.
Civil Procedure – review – dismissal for want of prosecution – application dismissed where applicant took no steps to prosecute.
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28 January 2025 |
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Application to compel production of land title dismissed for want of prosecution due to applicant's inaction.
Civil procedure – Dismissal for want of prosecution – Application to compel production of document – No follow-up by applicant – Application dismissed under section 17(2) of Judicature Act.
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28 January 2025 |
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24 January 2025 |
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23 January 2025 |
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Court cancelled a fraudulently created title: plot originated from estate property; purchaser and vendor lacked valid title and due diligence.
• Land law – origin of subdivided/mother plots – requirement of survey and provenance of titles.
• Trust/estate property – capacity to dispose – necessity of letters of administration or authority by administrators/beneficiaries.
• Title – conclusiveness of certificate of title subject to fraud; protection of bona fide purchasers and limits where purchaser has notice.
• Fraud and sharp practice – burden and strict proof; effect of lack of due diligence by purchaser.
• Remedies – cancellation of title, injunctions, damages and costs.
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23 January 2025 |
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23 January 2025 |
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22 January 2025 |
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21 January 2025 |
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21 January 2025 |
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20 January 2025 |
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20 January 2025 |
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20 January 2025 |
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16 January 2025 |
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16 January 2025 |
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16 January 2025 |
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16 January 2025 |
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14 January 2025 |
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13 January 2025 |
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13 January 2025 |
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13 January 2025 |
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Plaintiff failed to acquire title due to breach of payment terms and procedural irregularities; limited damages awarded against seller.
Land law – sale of expropriated property – bidder’s failure to pay – effect on equitable interest; contract validity – lack of authority to sign and procedural non-compliance renders contract unenforceable; administrative remedy – necessity to challenge certificate of purchase within statutory period; remedies – damages for wrongful eviction and failure to refund deposit.
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6 January 2025 |
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Whether family land wrongly included in another title can be restored and transfers cancelled due to fraud and irregular title creation.
Land law – family land and ordinary residence – wrongful inclusion of family kibanja in a special certificate – irregular creation of special certificate and subdivisions – lack of authority by beneficiary of estate; Contract law – validity of MOU, duress and consent – failure to prove coercion; Fraud – concealment of material facts vitiating transactions; Purchaser protection – bona fide purchaser doctrine and duty of due diligence; Remedies – cancellation of titles, restoration, fresh survey, refund, damages and costs.
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6 January 2025 |
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Court held defendant lawful owner, plaintiffs trespassers; audio evidence expunged for lack of authenticity and transcript.
Land law – ownership and possession – conflicting sale agreements and burden of proof; trespass – requirement of proof of title or possession; admissibility of electronic/audio evidence – authenticity, intelligibility and necessity of accurate English transcript under the Electronic Transactions Act and Civil Procedure Act; remedies – damages, injunctions and costs.
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6 January 2025 |