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Citation
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Judgment date
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| March 2026 |
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Stay of execution denied for unreasonable delay and because the notice of appeal did not cover the judgment sought to be stayed.
Civil procedure — Stay of execution — Order 43 r.4(3) requirements (pending appeal, no unreasonable delay, security) — Appeal must relate to the judgment sought to be stayed — Delay and lack of supporting notice of appeal renders stay application incompetent.
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10 March 2026 |
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A prior consent judgment by beneficiaries barred relitigation of the same land claim; suit dismissed as res judicata and counterclaim halted.
Res judicata — Consent judgment — Beneficiaries' rights — Land registration and transfers — Order 6 r.28 points of law — Halting counterclaim pending review of consent decree.
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10 March 2026 |
| February 2026 |
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Applicant failed to prove substantial loss or provide security; stay of execution pending appeal denied.
Civil procedure – Stay of execution pending appeal – Requirements: notice of appeal and steps to prosecute, substantial loss, no unreasonable delay, security for due performance – Balance of convenience – Imminent execution/self-executing orders – Burden of proof for substantial loss and security.
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27 February 2026 |
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Application to substitute deceased judgment creditor failed because the appeal abated for lack of timely pendente lite substitution.
Civil procedure – Substitution of parties – Death of a party – Order 24 Rule 4 CPR – Abatement of proceedings where no application to substitute legal representative is made; Succession law – Section 214 Succession Act – joining administrators pendente lite; Execution – enforcement of trial-court awards devolving to estate; Appellate procedure – invalidity of posthumous appellate awards where appeal against deceased has abated.
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27 February 2026 |
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27 February 2026 |
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Application to review attachment was dismissed as res judicata, moot, and an abuse of court process; costs awarded to respondent.
Civil procedure — review of execution — attachment and judicial sale — res judicata and abuse of process — mootness of review where judicial sale completed; lifting corporate veil and scope of execution.
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26 February 2026 |
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Application to review a Registrar's interlocutory order was procedurally improper; electronic service was valid and application dismissed with costs.
Civil procedure — Review under Order 46 vs appeal under Section 79(1)(b) — Electronic service (WhatsApp) valid under Practice Directions 2019 — Temporary injunction — Fraud allegations require oral evidence.
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26 February 2026 |
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Applicant set aside ex-parte judgment due to defective substituted service and was allowed to defend the suit.
Civil procedure – Substituted service – Exceptional remedy; Order 5 Rule 20 – Non-service and setting aside ex‑parte proceedings; Order 9 Rule 27 – sufficient cause; right to fair hearing; leave to file defence out of time.
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23 February 2026 |
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Slip rule applied to correct clerical error: "25 acres" amended to "25 Hectares" despite a pending appeal.
Civil procedure – Slip rule (sec. 99 CPA) – Correction of clerical/typographical errors – Manifest intention of the court – Exercise of slip rule notwithstanding pending appeal – No prejudice to third‑party rights.
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23 February 2026 |
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High Court lacks first-instance jurisdiction to revoke a registered trust; the Minister has primary authority under the Trustees Incorporation Act.
Trust law – Revocation of registered trust – Jurisdiction under Trustees Incorporation Act s.17 – Minister’s power to terminate incorporation and direct disposal of assets – High Court limited to appellate jurisdiction – Arbitration clause considered but not engaged where no dispute (Arbitration and Conciliation Act s.5(1)(b)) – Ex parte application dismissed.
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19 February 2026 |
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The applicant failed to prove ownership; trespass and compensation claims against the respondent were dismissed.
Land law — Trespass and compulsory acquisition — Burden of proof on plaintiff to prove ownership/possession — Documents marked for identification are inadmissible unless exhibited — Certificate of title not conclusive unless admitted in evidence.
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18 February 2026 |
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Applicants appointed personal representatives and granted 14 days to amend plaint to add current proprietor; costs each party to bear own.
Succession law – appointment of personal representatives for pending litigation; Civil Procedure – extension of time to amend pleadings (Order 6 r19, r25); protection of estate’s locus standi; service/notification error; avoidance of multiplicity of suits.
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17 February 2026 |
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Registered title confirmed but long-standing occupants granted security of occupancy; eviction and damages denied.
Land law – registered title – indefeasibility and conclusive proof of ownership – security of occupancy – bona fide occupants with long possession – trespass – refusal of eviction, injunction, mesne profits and damages.
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17 February 2026 |
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An Article 50 constitutional motion is inappropriate for disputed land ownership and fraud allegations; such matters require an ordinary plaint.
Constitutional law – Article 50 enforcement – competency where ownership is disputed; Civil procedure – fraud allegations must be pleaded with particulars and tried in ordinary suit; Land law – disputed title and registration; Relief by constitutional motion inappropriate for contested factual disputes.
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17 February 2026 |
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A challenge to an Assistant Registrar’s order is incompetent by review; the proper remedy is appeal or revision to a Judge.
Civil procedure – challenge to Registrar/Assistant Registrar orders – proper remedy is appeal or revision to a High Court Judge (Order 50/Rule 8), not review under Section 82 CPA and Order 46 CPR; inherent jurisdiction cannot override specific statutory procedure.
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13 February 2026 |
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Application to appoint an administrator pendente lite and add the nominee as party dismissed for lack of connection to the estate.
Succession law — Administrator pendente lite — Letters of administration — Requirement to show nexus/connection to estate and inability/unwillingness of person entitled to administer — Adding representative as party to pending suit.
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13 February 2026 |
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Payment under a consent judgment and possession vested equitable ownership; administrator’s subsequent registration was fraudulent and must be rectified.
Land law – Equitable ownership from payment under consent judgment – Fraudulent procurement of administrator registration – Rectification of land register – Cancellation of entries obtained by fraud – Damages for legal uncertainty.
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12 February 2026 |
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Temporary injunction appeal dismissed as moot; Registrar erred on ownership but applicants failed to show irreparable harm.
Land law – temporary injunction – preservation of status quo – prima facie case and likelihood of success – irreparable injury – limits on interlocutory determination of ownership by Assistant Registrar – appeal rendered nugatory where status quo changed.
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12 February 2026 |
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Application to appoint estate administrators dismissed for non-appearance despite effective ECCMIS service; no costs.
Civil procedure — Electronic service via ECCMIS — Validation of hearing date constitutes effective service — Order 9 Rule 17 dismissal for non-appearance — Succession Act: appointment of estate representatives.
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12 February 2026 |
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Application for a certificate of title dismissed for non-appearance under Order 9, Rule 22; no costs ordered.
Civil procedure – Dismissal for non-appearance – Order 9, Rule 22 CPR SI 71-1 – Affidavit of service sufficiency – Application for certificate of title dismissed; no costs ordered.
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11 February 2026 |
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Appeal dismissed for non-appearance; ECCMIS validation deemed effective service, substantive land issues not determined.
Civil procedure – non-appearance – dismissal under Order 9, Rule 17; Electronic service – ECCMIS validation constitutes effective service; Appeal in land cause not determined on merits due to non-attendance.
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11 February 2026 |
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Application dismissed for non-appearance; ECCMIS notification deemed effective; no order as to costs.
Civil procedure — Non-appearance — Dismissal under Order 9, Rule 17 of the Civil Procedure Rules SI 71-1 — Electronic filing/service via ECCMIS — Validity of hearing notice and system validation — Costs: none ordered.
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9 February 2026 |
| January 2026 |
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Application dismissed for want of prosecution where requisite pleadings were not uploaded on ECCMIS; court relied on its inherent powers.
Civil procedure — want of prosecution — failure to upload/file requisite pleadings on ECCMIS — inherent powers of the court under s.17(2)(a) Judicature Act and s.98 Civil Procedure Act — dismissal — no order as to costs.
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30 January 2026 |
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Applicants failed to prove possession and inability to trace the vendor; vesting order refused and application dismissed.
Land law — Registration of Titles Act s.151 — Vesting order — Requirements: registered title and payment, possession and vendor acquiescence, inability to obtain transfer because vendor dead/out of jurisdiction/untraceable — Registrar’s quasi‑judicial role — Delay as factor in discretionary relief.
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29 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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Suit dismissed for want of prosecution under Order 17 Rule 6(1) and the court’s inherent jurisdiction.
Civil procedure — Dismissal for want of prosecution — Order 17 Rule 6(1) CPR SI 71-1 — Inherent jurisdiction under Section 98 Civil Procedure Act — Plaintiff’s duty to prosecute diligently.
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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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Application for stay of execution dismissed for over two years' inactivity under Order 17 r 6(1) and inherent jurisdiction.
Civil procedure – want of prosecution – dismissal for inactivity under Order 17 r 6(1) – inherent jurisdiction s 98 – stay of execution – ECCMIS filing – service and prosecution duties.
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29 January 2026 |
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Suit dismissed for want of prosecution under Order 17, Rule 6(1) and inherent power; no order for costs.
Civil procedure – dismissal for want of prosecution – Order 17, Rule 6(1) Civil Procedure Rules; inherent power of the court – section 98 Civil Procedure Act – plaintiff’s duty to prosecute – discretion as to costs.
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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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Suit dismissed for want of prosecution after over two years' inaction; no order as to costs.
Civil procedure – dismissal for want of prosecution – Order 17, Rule 6(1) CPR – inherent power of court under section 98 CPA – failure to comply with court directions – no costs ordered.
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28 January 2026 |
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Suit dismissed for prolonged inaction under Order 17 Rule 6(1) and inherent powers; no order as to costs.
Civil procedure — Dismissal for inactivity — Order 17 Rule 6(1) CPR — Inherent powers — Section 98 Civil Procedure Act — Plaintiff’s duty to prosecute (Nilani v Patel) — No costs ordered.
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28 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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Court dismissed land suit for over two years of inaction under Order 17 Rule 6(1) and inherent powers; no costs ordered.
Civil procedure – Dismissal for inactivity – Order 17, Rule 6(1) CPR SI 71-1 – Inherent powers under section 98 Civil Procedure Act – Duty to prosecute claim expeditiously.
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28 January 2026 |
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Suit dismissed for non-prosecution after over two years of inactivity under Order 17 Rule 6(1) and section 98.
Civil procedure – Dismissal for non-prosecution – Order 17, Rule 6(1) CPR SI 71-1 – Inherent jurisdiction under section 98 Civil Procedure Act – Plaintiff’s duty to prosecute (Nilani v Patel).
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28 January 2026 |
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Suit dismissed for non-prosecution exceeding two years under Order 17, Rule 6(1) and the court’s inherent powers.
Civil Procedure — Non‑prosecution — Dismissal under Order 17, Rule 6(1) CPR — Inherent jurisdiction under Section 98 Civil Procedure Act — Duty to prosecute (Nilani v Patel).
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27 January 2026 |
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Applicant’s illness and alleged counsel negligence did not establish sufficient cause to reinstate the dismissed suit.
Civil procedure — Reinstatement of suit dismissed for want of prosecution — "sufficient cause" test — diligence of litigant — limits of excusing client for counsel’s negligence — effect of inordinate delay.
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27 January 2026 |
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Application dismissed for want of prosecution under Order 17 r6(1) and the court’s inherent jurisdiction.
Civil procedure – Dismissal for want of prosecution – Order 17, Rule 6(1) CPR – Section 98 Civil Procedure Act (inherent jurisdiction) – Duty on litigant to prosecute (Nilani v Patel).
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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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Ex parte order set aside for lack of effective service on a jailed applicant, restoring right to be heard.
Civil procedure — service of process — non‑service while defendant confined in prison — requirement to serve officer in charge — sufficient cause to set aside ex parte order — right to fair hearing (Article 28).
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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 |
| 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 |