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Citation
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Judgment date
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| August 2025 |
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Leave granted to amend pleadings in a land dispute to add new defendants and plead fraud, ensuring all questions are resolved.
Civil Procedure – amendment of pleadings – addition of parties – joinder of necessary parties – amendment to plead fraud in land dispute – joinder to avoid multiplicity of suits.
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29 August 2025 |
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A temporary injunction restraining development of land was refused where the applicant failed to prove irreparable harm.
Civil procedure – temporary injunction – conditions for grant – prima facie case – irreparable harm – balance of convenience – land disputes – protection of property interests pending suit – effect of caveat on likelihood of irreparable loss.
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29 August 2025 |
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A claimant with a demonstrated legal interest in suit land was granted leave to be joined as defendant in ongoing proceedings.
Civil Procedure – Joiner of parties – Amendment of pleadings – Legal interest in disputed land – Necessary parties – Avoidance of multiplicity of suits.
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29 August 2025 |
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A counterclaim alleging a disguised loan and refusal of redemption discloses a cause of action despite a certificate of title.
Civil procedure – cause of action – counterclaim – whether disguised loan agreement entitles mortgagor to equitable right of redemption – impeachment of certificate of title for fraud – equitable remedies in land disputes.
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29 August 2025 |
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Court ordered substitution of administrators as plaintiffs and amendment of pleadings after revocation of prior administrator’s powers.
Civil procedure – substitution of parties – locus standi – administrators of estates – amendment of pleadings – revocation of letters of administration – representation of estates in court.
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29 August 2025 |
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Court clarifies principles for granting injunctions, restoring rent collection to possessor and preserving property until suit's resolution.
Injunctions – temporary and mandatory injunctions – status quo – possession versus registered ownership – irreparable injury – balance of convenience – discretion in granting interlocutory relief – preservation of property during litigation.
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29 August 2025 |
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The court allowed an application to extend time for appealing due to minor delay and the merits requiring judicial consideration.
Civil procedure – extension of time – discretion of court – sufficient cause for delay – access to court rulings via electronic systems – interests of justice.
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29 August 2025 |
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Leave to appeal was granted upon finding prompt filing and arguable grounds concerning conflicting land judgments.
Civil procedure – leave to appeal – grounds required for grant of leave – existence of arguable or meritorious grounds – prompt filing – effect of conflicting judgments on same property.
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29 August 2025 |
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29 August 2025 |
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A registrar lacks jurisdiction to determine applications for review under Order 46; such applications must be heard by a Judge.
Civil procedure – Jurisdiction of registrars – Application for review – Order 46 of Civil Procedure Rules – Whether registrar has power to entertain review applications – Jurisdiction limited to powers conferred by statute.
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29 August 2025 |
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A Registrar lacks jurisdiction to determine review applications under Order 46; such matters must be heard by a Judge.
Civil procedure — Jurisdiction of Registrar — Whether Registrar can hear review applications under Order 46 Rule 2 — Scope of Order 50 (Registrar's powers, referral to Judge, appeal from Registrar) — Execution by eviction stayed pending proper review.
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29 August 2025 |
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A registered proprietor is entitled to vacant possession when Kibanja interests are sold and transferred without landlord’s consent, rendering buyers trespassers.
Land law – Kibanja interests – consent of registered land owner – Mailo land – transfers of occupancy – trespass – requirement of landlord consent for valid Kibanja transactions – Section 35 Land Act – consequences of unlawful occupation.
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29 August 2025 |
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The court rejected video evidence for failure to prove its integrity and authenticity as required under electronic evidence law.
Evidence – Electronic evidence – Admissibility – Requirement for integrity and originality under section 6(1)a of the Electronic Transaction Act – Burden to prove authenticity – Relevance of transcription where audio is not material.
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27 August 2025 |
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A subsequent suit over land ownership is barred as res judicata where the issue has already been conclusively decided in a previous case.
Civil procedure – res judicata – judgment in rem – land ownership – allegations of fraud as exception to res judicata – finality of judgments – estoppel of claims in subsequent suits involving same subject matter.
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27 August 2025 |
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An appeal challenging execution and taxation was dismissed as res judicata after final judicial determination and completed execution.
Civil Procedure – competence of appeal – res judicata – execution – taxation – ex parte proceedings – whether appeal can be entertained after issues have been finally determined – principle of finality in litigation.
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27 August 2025 |
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Application dismissed for want of prosecution; no order as to costs under section 17(2) of the Judicature Act.
* Civil procedure – want of prosecution – dismissal for failure to diligently prosecute an application filed in 2019; * Civil procedure – costs – discretion under section 17(2) Judicature Act Cap.16 to make no order as to costs.
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27 August 2025 |
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A suit dismissed for non-appearance was reinstated after the applicant showed genuine error and absence of dilatory conduct.
Civil procedure – setting aside dismissal for non-appearance – sufficient cause – mistake of counsel – affidavits by non-parties – reinstatement of suit – discretion of court.
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27 August 2025 |
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Applicants failed to establish grounds for review of an order allowing the landlord to collect rent; application dismissed.
Civil procedure – review of court orders – sufficient grounds for review – status and rights of tenants – aggrieved party – status quo – proprietary interests – error apparent on record – discovery of new evidence.
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27 August 2025 |
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The court granted leave to appeal to clarify whether a consequential order for vacant possession properly flowed from prior judgments.
Civil procedure – application for leave to appeal – criteria for grant of leave – consequential orders – clarification of effect of prior judgments on right to possession – arguable grounds of appeal.
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27 August 2025 |
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Court affirmed ownership and ordered eviction of an unlawful occupant from estate land bequeathed under a valid will.
Succession law – valid will – probate – distribution of estate – land ownership – trespass – remedies including eviction, injunction, damages and interest.
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27 August 2025 |
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Applicants' settlement negotiations explained inactivity; dismissal set aside and suit reinstated with costs.
Civil procedure – setting aside dismissal for want of prosecution – Section 98 CPA; Order 52 CPR – explanation for inactivity by bona fide settlement negotiations – affidavit of service required to support procedural objections – discretion to reinstate for merits of compensation claim.
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22 August 2025 |
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A suit dismissed for want of prosecution was reinstated as applicants showed ongoing interest and justified delay by negotiations.
Civil Procedure – Application to set aside dismissal for want of prosecution – Sufficient cause – Settlement negotiations as explanation for delay – Reinstatement of suit – Consideration of interest of justice.
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22 August 2025 |
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A stay of execution was granted to allow determination of a jurisdictional and procedural challenge in pending revision proceedings.
Civil procedure – stay of execution – pending revision proceedings – imminent risk of prejudice – procedural fairness – jurisdictional challenge – Section 83 Civil Procedure Act.
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22 August 2025 |
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Court granted an interim stay of execution due to pending appeals, a substantive application, and an imminent threat of execution.
Civil procedure – interim stay of execution – conditions for granting interim stay – pending appeals and applications – imminent threat of execution – judicial discretion.
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21 August 2025 |
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Application to substitute parties and amend plaint refused; court compels land office to provide certified copies of title documents.
Civil Procedure – Substitution of Parties – Amendment of Pleadings – Relevance of Evidence – Compulsion of Production of Official Documents – Powers of Court regarding discovery and production of land title documents.
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21 August 2025 |
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A suit dismissed for non-attendance may be reinstated where absence was due to counsel's mistaken advice.
Civil procedure – Dismissal for non-attendance – Reinstatement of suit – Sufficient cause – Mistake by advocate as justification for setting aside dismissal.
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21 August 2025 |
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A party was granted a stay of execution of judgment pending appeal, having satisfied all legal requirements for such an order.
Civil procedure – stay of execution – principles governing stay of execution pending appeal – substantial loss – security for due performance – timing of application.
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21 August 2025 |
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A purchaser of suit land during pending litigation cannot obtain review of court orders absent a clear error on the record.
Civil procedure – review of judgment – error apparent on the face of the record – effect of purchase of land pendente lite – whether a person who acquires interest in suit land after litigation has commenced is entitled to review orders of the court where not made a party to the suit.
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21 August 2025 |
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A court may admit an out-of-time appeal and grant a temporary injunction to preserve the status quo in property disputes.
Civil Procedure – Temporary injunction – conditions for grant – appeal lodged out of time – discretion of appellate court to admit appeal – preservation of status quo pending final determination – irreparable damage – calculation of limitation periods for appeals from Registrar’s orders.
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19 August 2025 |
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19 August 2025 |
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Ex parte orders based on mediation discussions without a consent settlement and the striking out of the applicant’s expert report were set aside for offending fair hearing and evidentiary rules.
Land law – Civil procedure – Ex parte orders – Use of mediation discussions in absence of settlement – Right to fair hearing – Admissibility of expert evidence – Court-appointed versus party-appointed experts – Striking out of expert reports.
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19 August 2025 |
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Appellate court upholds finding of trespass; nuisance claim fails and appeal dismissed with costs.
Land law – boundary disputes; trespass – prior possession and unlawful entry; locus in quo and measurement evidence; evaluation of competing sale agreements; nuisance claim fails where trespass established; appellate review of trial magistrate’s findings.
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19 August 2025 |
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A caveat is removed where a court-ordered deadline to justify its continuance passes without legal action by the caveator.
Land Law – Caveats – Failure to file suit to justify continued registration – Consequential orders – Removal of caveat after non-compliance with conditional order – Role of consequential orders in enforcing court rulings.
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19 August 2025 |
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19 August 2025 |
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A stay of execution was refused where the applicants' notice of appeal was filed out of time, rendering the appeal incompetent.
Civil Procedure – Stay of execution – Requirements for grant of stay – Competency of appeal – Filing notice of appeal out of time – Inherent powers of court – Mandatory procedural compliance.
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18 August 2025 |
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A magistrate's court lacks jurisdiction over suits seeking cancellation of land title, rendering its judgment a nullity.
Civil procedure – jurisdiction – magistrates’ court jurisdiction in land matters – effect of seeking cancellation of certificate of title – revision of judgment where trial court lacked jurisdiction.
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18 August 2025 |
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18 August 2025 |
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Access roads serving multiple landowners cannot be exclusively appropriated, and unilateral development constitutes encroachment by the user, not the neighbor.
Land law – Trespass – Determination of boundaries and rights of use of an access road – Standard for exclusive versus joint possession – Evaluation of locus in quo evidence – Procedural propriety of trial court in land disputes.
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18 August 2025 |
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18 August 2025 |
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Leave to file an appeal out of time granted due to counsel's negligence; applicant to bear application costs.
Civil procedure – extension of time – leave to file appeal out of time – sufficient cause – effect of counsel's negligence – right to fair hearing and access to justice.
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18 August 2025 |
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The High Court upheld findings of trespass, confirming demolition and damages orders against the appellant for encroachment on land.
Land Law – Boundary disputes and trespass – Evaluation of evidence in civil appeals – Proof of possession and extent of encroachment – Remedies for encroachment including damages and demolition orders.
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18 August 2025 |
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A person of unsound mind cannot sue through a next friend without a court inquiry and adjudication of mental status.
Civil Procedure – Locus standi – Suit by person of unsound mind – Requirement for court adjudication and psychiatrist's report; Civil procedure – Pleadings – Whether counterclaim discloses cause of action – Test for frivolity and vexatiousness.
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15 August 2025 |
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The court granted an interim stay of execution where there was an imminent threat of arrest and property disposal pending a main application.
Civil procedure – interim stay of execution – pending main application for stay – imminent threat of arrest, eviction, and disposal of property – requirements for interim relief satisfied.
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15 August 2025 |
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Court declined to grant a certificate of urgency for hearing a contempt application, finding the urgency was self-created.
Certificate of urgency – civil procedure – court vacation – threshold for urgent civil business – self-created urgency – requirements for urgent applications – sufficiency of evidence needed to establish urgency
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12 August 2025 |
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A certificate of urgency was denied as no sufficient exceptional circumstances or urgency justifying expedited hearing were shown.
Civil Procedure – Certificate of urgency – Criteria during court vacation – Self-created urgency – Delay in seeking remedy – Insufficient evidence of exceptional circumstances.
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12 August 2025 |
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A certificate of urgency was refused as the applicant failed to demonstrate exceptional circumstances or real risk justifying it.
Civil procedure – application for certificate of urgency – requirements for granting – whether applicant demonstrated exceptional and peculiar urgency – evidence of real risk – recoverability of alleged losses.
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11 August 2025 |
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A temporary injunction was granted to preserve land and restrain development pending a review application after judgment was passed without hearing the applicant.
Interlocutory injunction – land disputes – preservation of status quo – applicant not party to original suit – prima facie case and irreparable harm – restoration and protection of proprietary interests pending review – criteria for temporary injunctions under civil procedure rules.
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11 August 2025 |
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Court dismissed a judgment debtor’s application for review/variation due to res judicata, appeal-review incompatibility, and abuse of process.
Civil Procedure – Review versus appeal – mutual exclusivity – res judicata – abuse of process – execution proceedings – service of process – committal to civil prison – subsistence allowance – exceptional circumstances for release.
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8 August 2025 |
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Fraudulent acquisition of land title negating bona fide purchaser defense court rules in favor of estate beneficiary.
Land Registration – Fraudulent title registration – Bona fide purchaser for value – Locus standi to maintain claims.
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7 August 2025 |
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Court granted leave to strike out a deceased party, add a new defendant, and amend the plaint in a land dispute.
Civil procedure – amendment of pleadings – striking out a deceased party – addition of a necessary party – powers and principles governing addition and removal of parties – leave to amend plaint.
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1 August 2025 |