|
Citation
|
Judgment date
|
| June 2025 |
|
|
Court dismisses appeal for lack of letters of administration in intestate estate property dispute.
Land Law – property rights – administrator general's authority – letters of administration necessity for intestate estates.
|
30 June 2025 |
|
|
30 June 2025 |
|
Court upheld the lower decision denying easement through a respondent's land due to lack of recorded access road.
Land Law – Easements – Right of way – Obligation to recognize public right of way – Evaluation of access roads in land disputes.
|
27 June 2025 |
|
Application for an injunction dismissed due to changes in circumstances and a pending appeal.
Civil Procedure – Application for suspension and mandatory injunction – Change of status quo – Application overtaken by events.
|
27 June 2025 |
|
|
27 June 2025 |
|
The court overturned an unlawful land transfer of 28.70 acres of estate property.
Property Law – Fraudulent Land Transfer – Lawful Title Registration – Bona Fide Purchaser Doctrine – Cancellation of Title Deeds.
|
27 June 2025 |
|
|
27 June 2025 |
|
|
27 June 2025 |
|
|
26 June 2025 |
|
|
26 June 2025 |
|
Plaintiff's claims dismissed; lease allocation to 2nd defendant deemed lawful but demolition unauthorized due to lack of court order.
Land Law - Lease agreements - Legitimate expectation - Adverse possession - Tenant rights - Fraudulent title acquisition
|
25 June 2025 |
|
Court grants unopposed application to subdivide land based on undisputed evidence of prior agreement among beneficiaries.
Land law – application for subdivision – failure of respondents to oppose application – agreement to subdivide land.
|
24 June 2025 |
|
An application to reinstate an appeal was dismissed due to a fundamentally defective affidavit and an illegal memorandum of appeal.
Civil procedure – preliminary objections – affidavit evidence – material falsehoods – locus standi – illiterate litigants – compliance with Illiterates Protection Act – illegality of pleadings – reinstatement of dismissed appeals.
|
24 June 2025 |
|
Court dismissed appeal, affirming service was effected and damages properly awarded for trespass.
Civil Procedure - service of summons on corporate entities - ex parte judgment - adoption of defenses.
|
24 June 2025 |
|
Court dismissed redundant suit for efficiency, with similar claims addressed in another pending case.
Civil procedure – consolidation of suits – dismissal of redundant suits – land ownership and trespass claims – procedural considerations for efficient court processes.
|
24 June 2025 |
|
Application for discovery of bank documents dismissed due to lack of possession and control by respondent.
Civil procedure – discovery and inspection of documents – necessity for possession and control by respondent – relevance to matter in question – insufficiency of grounds for discovery order.
|
24 June 2025 |
|
Non-service of an application on a party does not warrant a review if it doesn't result in miscarriage of justice.
Civil Procedure - Review - Non-service of application - Grounds for review - Right to be heard - Addition of parties for effective adjudication.
|
24 June 2025 |
|
Application dismissed as overtaken by dismissal of related civil appeal, each party bears own costs.
Civil Procedure – Application – Dismissal – Costs – Application rendered moot after related appeal dismissal.
|
23 June 2025 |
|
Court allows estate beneficiary's claim against alleged fraudulent dealings with inherited property to proceed to trial.
Civil Procedure – Cause of Action – Estate management and beneficiary rights – Alleged fraudulent dealings with estate property.
|
23 June 2025 |
|
The High Court granted a stay of execution conditioned on depositing security pending resolution of ex parte order disputes.
Civil Procedure – Stay of execution – criteria for granting stay – immanent threat of garnishee proceedings – depositing security for due performance.
|
23 June 2025 |
|
Stay of execution granted, conditioned upon security deposit, to prevent potential loss pending appeal.
Civil Procedure - Stay of execution pending appeal - Requirements for grant - Imminent threat of execution - Self-executing orders.
|
23 June 2025 |
|
Amendment of court decrees requires procedural compliance post co-administrator's death.
Administration of estates – Power to amend decrees post demise of co-administrator – Procedure for altering court decrees in estate administration.
|
23 June 2025 |
|
|
20 June 2025 |
|
|
19 June 2025 |
|
|
19 June 2025 |
|
|
19 June 2025 |
|
|
19 June 2025 |
|
Stay of execution was refused due to delay in application and lack of proof of imminent execution or substantial loss.
Civil procedure – stay of execution pending appeal – delay – substantial loss – proof of imminent execution – requirements for stay of execution.
|
18 June 2025 |
|
Courts must award costs to successful parties or provide reasons for departing from this rule when dismissing a suit.
Civil procedure – Costs – Discretion of the court – Successful party generally entitled to costs unless reasons given to the contrary – Duty of court to provide reasons when not awarding costs to successful party – Section 27 Civil Procedure Act interpreted.
|
17 June 2025 |
|
|
17 June 2025 |
|
|
17 June 2025 |
|
|
17 June 2025 |
|
An application for a land preservation order was dismissed, as the title had already been cancelled by final court orders.
Land law – Preservation orders – Temporary injunctions – Title cancellation – Abuse of process – Effect of final court orders on subsequent applications – No preservation of non-existent legal interest.
|
13 June 2025 |
|
|
13 June 2025 |
|
Court granted leave for a representative suit to preserve family burial grounds upon proof of common interest and authorization.
Civil procedure – Representative suit – Requirements for instituting representative action – Proof of common interest, written authorization, and proposed plaint – Personal service of notice on represented persons.
|
13 June 2025 |
|
|
13 June 2025 |
|
A procedural error led to dismissal for non-appearance; court reinstated the application, finding sufficient cause was shown.
Civil procedure – application to set aside dismissal – non-appearance – sufficient cause – procedural irregularity – reinstatement of application.
|
13 June 2025 |
|
|
12 June 2025 |
|
|
12 June 2025 |
|
A suit was dismissed for lack of locus standi and failure to disclose a cause of action due to defective letters of administration.
Civil procedure – locus standi – cause of action – letters of administration – res judicata – striking out plaint for lack of standing – court’s power to dismiss for abuse of process.
|
12 June 2025 |
|
|
11 June 2025 |
|
|
11 June 2025 |
|
Court set aside dismissal of the suit, reinstated the civil action and ordered costs in the cause.
Civil procedure – application to set aside order dismissing suit; reinstatement of proceedings; costs in the cause; brief ruling based on affidavit and skeletal submissions.
|
10 June 2025 |
|
High Court lacks jurisdiction to extend time for filing leave to appeal, which lies exclusively with the Court of Appeal.
Civil Procedure – Extension of time – Application for leave to appeal – Jurisdiction of High Court versus Court of Appeal – Applicability of Section 79(2) of Civil Procedure Act and Rule 40(2)(a) of Judicature (Court of Appeal Rules).
|
10 June 2025 |
|
|
10 June 2025 |
|
An application for leave to appeal was dismissed as it was filed out of time under the applicable procedural rules.
Civil procedure – leave to appeal – application for leave to appeal – time limitation – Rule 40(2) of the Judicature (Court of Appeal) Rules – strict interpretation of limitation deadlines – consequence of late filing.
|
10 June 2025 |
|
|
10 June 2025 |
|
|
2 June 2025 |
|
|
2 June 2025 |