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Citation
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Judgment date
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| January 2026 |
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Application to strike out plaint dismissed for want of prosecution due to failure to prosecute and serve respondent.
Civil procedure – dismissal for want of prosecution – failure to prosecute and non-service – inherent powers of court – Judicature Act s17(2)(a) and Civil Procedure Act s98.
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29 January 2026 |
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Late appeal validated but dismissed; prior veil-lifting justified attachment and execution, costs awarded to respondent.
Civil procedure – extension/validation of appeal period; res judicata – scope to include notices to show cause arising from earlier proceedings; amendments filed out of time without leave; lifting corporate veil – attachment of related assets; objector proceedings and execution.
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29 January 2026 |
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An appeal dismissed for want of prosecution after neither party complied with court directives under Section 17(2)(a).
Civil procedure – Dismissal for want of prosecution – Failure to comply with court directives – Section 17(2)(a) Judicature Act Cap 16 – Appeal dismissed.
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29 January 2026 |
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Application dismissed for want of prosecution due to non‑compliance with court directives under Section 17(2)(a).
Civil procedure – Case management – Parties' failure to comply with court directives issued on ECCMIS – Dismissal for want of prosecution under Section 17(2)(a) Judicature Act, Cap 16.
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29 January 2026 |
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Application for property division dismissed for non-appearance; ECCMIS e-service recognized; no order as to costs.
Civil Procedure – dismissal for non-appearance – Order 9 Rule 17; Electronic service – ECCMIS validation constitutes effective service; Property – application for severance/partition dismissed on procedural grounds.
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29 January 2026 |
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Application dismissed for want of prosecution after parties failed to comply with court directives under section 17(2)(a).
Civil procedure — Dismissal for want of prosecution — Non-compliance with court directives — Section 17(2)(a) Judicature Act (Cap 16) — Case management and party obligations.
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29 January 2026 |
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Stay of execution refused where applicant failed to show a prima facie appeal, imminent execution, or adequate security.
Civil Procedure – Stay of execution pending appeal – Requirements: prima facie likelihood of success, risk of substantial/irreparable loss, no unreasonable delay, security for due performance – Failure to prove appeal filed or willingness to provide security – Application dismissed.
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29 January 2026 |
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Res judicata overruled; court added the estate and appointed a beneficiary as administrator pendente lite; costs each party.
Succession Act – appointment of administrator pendente lite – addition of necessary parties under Order 10(2) CPR – res judicata not applicable where prior proceedings dealt with different reliefs – representation of deceased estate in land dispute.
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28 January 2026 |
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Applicant failed to show sufficient cause to reinstate a suit dismissed for want of prosecution due to lack of diligence.
Civil procedure — Reinstatement of suit dismissed for want of prosecution — Order 9 Rule 23 CPR — Sufficient cause — Applicant’s diligence and delay — Role of counsel’s negligence and litigant’s duty to follow up.
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27 January 2026 |
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The respondent’s caveat was maintained where alleged fraud and ongoing litigation implicated the disputed land, preserving the status quo.
Caveat law – Section 123(1) and Section 124(2) Registration of Titles Act – caveatable interest and reasonable cause – allegations of fraud and chain of transfers – caveat to preserve status quo pending related litigation – certificate of title as prima facie evidence of ownership.
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27 January 2026 |
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A beneficiary’s counterclaim challenging a land transfer is maintainable; locus and merits require trial, making dismissal premature.
Civil Procedure — interlocutory applications — strike out under s.98 CPA and Order 52 CPR — locus standi of a beneficiary to sue — counterclaim alleging fraudulent transfer of land title — premature application; merits to be determined at trial.
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21 January 2026 |
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Whether advocate-client instruction fees and disbursements are properly taxed under the Sixth Schedule and ECCMIS rules.
Taxation of costs – Advocate-client bill – Application of Advocates (Remuneration & Taxation of Costs) (Amendment) Regulations 2018 (Sixth Schedule) – instruction fees assessed by value and stage of proceedings – ECCMIS filings and certain meetings taxed off – disbursements allowed at scale.
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8 January 2026 |
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Declaratory decree ordering transfer cancellation is self-executing; Registrar rightly entertained execution complaint; application dismissed.
Land law – Execution of decrees – Declaratory orders as self-executing – Registration of Titles Act s.177 – Role of Commissioner of Land Registration – Registrar’s jurisdiction under Order 50 CPR – Contempt and abuse of process in execution proceedings – Lawfulness of possession following voluntary vacation.
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2 January 2026 |
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A stay of execution suspended the restoration obligation, so the respondent was not in contempt for non‑restoration.
Contempt of court — elements and standard of proof; effect of administrative interim orders and stays of execution on enforcement of decretal obligations; execution commenced but stayed; restoration costs claim stayed pending appeal.
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2 January 2026 |
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A caveat can be removed where the caveator relinquished interest by donation and transfer before death, making it redundant.
Land law – Caveat – Removal where caveator relinquished interest by donation and transfer prior to death – Registrar’s power under s.129 Registration of Titles Act – Proof by documentary and forensic evidence – Executors need not be sued where interest passed before death.
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2 January 2026 |