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Citation
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Judgment date
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| December 2025 |
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Appeal dismissed for want of prosecution due to undue delay under Order 43, Rule 31 of the Civil Procedure Rules.
Civil procedure — Appeal dismissed for want of prosecution — Undue delay — Order 43, Rule 31 CPR (SI 71-1) — Registrar to obtain judge’s directions — No order as to costs.
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30 December 2025 |
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Applicant’s review succeeded: court found an error apparent (annexures on ECCMIS) and added the applicant as defendant to protect his beneficiary interest.
Land law — review of court orders — error apparent on the face of the record where annexures were filed on ECCMIS but overlooked — joinder/addition of parties — beneficiary’s locus to protect estate interests — avoidance of multiplicity of suits.
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30 December 2025 |
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Court dismissed land suit for plaintiff's prolonged inaction, invoking inherent powers to prevent abuse and delay.
Civil procedure – Dismissal for prolonged inactivity – Inherent powers of the High Court (Judicature Act s17(2)(a); Civil Procedure Act s98) – Abuse of process – Duty of litigant to prosecute – Nilani v Patel authority.
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29 December 2025 |
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An out-of-time, incompetent notice of appeal defeats an application for stay of execution; application dismissed with costs.
Civil procedure — Stay of execution pending appeal — Requirement of competent notice of appeal within prescribed time — Out-of-time notice renders appeal defective — No pending appeal to justify stay under Order 22 R.26/Order 43 R.4(2).
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29 December 2025 |
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Revocation of letters of administration warrants substituting the new administrator as defendant to protect the estate's interests.
Civil procedure – substitution of parties – Order 1 r.13 CPR – revocation of letters of administration – capacity of administrators – Succession Act s.176 – actions of former administrator bind the estate – summons to give evidence.
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26 December 2025 |
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Plaintiff lacked locus standi; land suit dismissed as an abuse of process and costs awarded to the first defendant.
Civil procedure — Locus standi — Challenge to plaintiff's standing to sue in land proceedings — Abuse of court process — Invoked defences: public policy, absolute immunity, advocates' immunity — Procedural dismissal and costs.
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26 December 2025 |
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Whether the applicant is entitled to taxation of an advocate–client bill after proper service and no reply.
Advocates Act — Taxation of advocate–client bill of costs — Service and statutory 30‑day response period — Failure to file affidavit in reply — Effect of uncontroverted averments — Order 12 r.3(2) CPR.
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23 December 2025 |
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Court reinstated a suit dismissed for failure to extract summons for directions, exercising discretion despite counsel’s negligence.
Civil procedure — Reinstatement of dismissed suit — Order XIA r.6 (failure to extract summons for directions) — Discretionary relief — Neglect/mistake of counsel — Reopening miscellaneous application.
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22 December 2025 |
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Caretaker-occupier cannot claim adverse possession; continued occupation after eviction notice constitutes trespass against the applicant.
Land law – leasehold title and renewal – caretaker occupation – adverse possession (animus and consent) – tenant at sufferance – trespass – invalid sale of public/leasehold land – cancellation of freehold offer – mesne profits (proof required) – general damages and eviction.
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22 December 2025 |
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Application dismissed for want of prosecution for failure to comply with court directives under Section 17(2)(a).
Civil procedure – Dismissal for want of prosecution – Non-compliance with court directives issued via electronic case management system – Application dismissed under Section 17(2)(a) Judicature Act, Cap. 16.
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18 December 2025 |
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Court set aside dismissal and reinstated the applicants' appeal, finding sufficient cause to excuse non‑prosecution.
Civil procedure — Dismissal for want of prosecution — Reinstatement — Sufficient cause — ECCMIS notices and administrative file transfers — Counsel’s inadvertence excused in interests of justice — Balancing prejudice and right to fair hearing.
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18 December 2025 |
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Stay of execution pending appeal refused for unreasonable delay, failure to show irreparable harm, and absence of security.
Civil procedure – Stay of execution pending appeal – Requirements: notice of appeal, triable issue with realistic chance of success, irreparable loss, balance of convenience, absence of undue delay, and provision of security – Undue delay and lack of security disentitle applicant to stay – Eviction generally reversible and compensable by damages absent exceptional circumstances.
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17 December 2025 |
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Appeal for interim injunctive relief dismissed as overtaken by events after withdrawal of the underlying suit; no costs.
Civil procedure – Appeal rendered academic – Withdrawal of underlying suit by consent – Interim injunctions – Appeal dismissed as overtaken by events – No order as to costs.
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17 December 2025 |
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Application to set aside ex parte order dismissed for want of prosecution under Section 17(2)(a).
Procedure — Setting aside ex parte order — Non‑compliance with court directives on ECCMIS — Dismissal for want of prosecution under Section 17(2)(a) Judicature Act Cap 16.
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17 December 2025 |
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Appeal dismissed for want of prosecution due to failure to comply with court directives under section 17(2)(a).
Civil procedure – dismissal for want of prosecution – non‑compliance with court directions – ECCMIS filing – section 17(2)(a) Judicature Act, Cap 16.
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16 December 2025 |
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Application to appoint estate administrators dismissed for non-appearance after ECCMIS-validated hearing; no costs ordered.
Practice and procedure – Electronic case management (ECCMIS) – Validation/transmission via ECCMIS treated as effective service unless system failure proven – Non-appearance at hearing – Dismissal under Order 9, Rule 17 – Costs: none ordered.
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12 December 2025 |
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Reference application dismissed for non-appearance where ECCMIS-validated hearing constituted effective service.
Civil procedure – non-appearance – dismissal under Order 9, Rule 17 – electronic service and hearing validation via ECCMIS constitutes effective service – procedural dismissal without determination on merits.
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11 December 2025 |
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Applicant failed to show sufficient cause or diligence for extension of time to file an appeal; application dismissed.
Civil procedure — extension of time to appeal — sufficient cause — diligence required — lawyer’s failure not automatically sufficient excuse — power of attorney timing — balance between access to justice and finality — costs awarded.
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11 December 2025 |
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Revision is inappropriate to overturn a consent judgment; the remedy is an application to set aside for fraud or similar grounds.
Civil procedure – Revision under Section 83 – Consent judgments – Endorsement of consent by court not amounting to illegal or material irregularity – Remedy to challenge consent is setting aside for fraud, misrepresentation, mistake or lack of consent.
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8 December 2025 |
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The applicants' registered titles upheld; fraud requires court adjudication and the Registrar’s temporary withholding was lawful.
Land law – Indefeasibility of title – bona fide purchaser for value – fraud in root of title must be judicially proved – Commissioner/Registrar limited to administrative rectification under Section 88 – temporary withholding of originals permissible as preservationary measure.
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8 December 2025 |
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An appeal from a dismissed review application is incompetent without leave; appeal dismissed with costs.
Civil procedure — Appealability — Review applications — Dismissal of review requires leave to appeal — Order 44 r.1(1)(t) & r.1(2), Order 46 r.3 — Section 76 Civil Procedure Act — Previous counsel’s error not a remedy for lack of statutory leave.
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8 December 2025 |
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Applicants not added to revision where they were strangers to the original suit; application dismissed with costs.
Civil procedure – Addition of parties – Order 1 rule 10 CPR – Joinder intended for matters pending trial – Joinder at revision stage where applicant was not party below – Requirement to show legal effect on interest – Application dismissed with costs.
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8 December 2025 |